PUTNAM V. KNUDSEN - Page 2




          Putnam v. Knudsen                                                           
          Interference No. 104,383                                                    

          which it is stated:  “Junior Party Allen Putnam hereby                      
          abandons the invention which is the subject matter of the                   
          Count in the foregoing interference [104,383].”  The paper is               
          treated as a request for entry of adverse judgment under 37                 
          CFR  1.662(a).                                                             
               In the same paper, the junior party provided certain                   
          information relating to an alleged on-sale bar under 35 U.S.C.              
           102(b), and requested that the Board render a ruling that                 
          the claims of neither the junior party nor the senior party                 
          are patentable over the alleged on-sale activity.  The request              
          is not accompanied by any substantive analysis directed to the              
          features of the involved claims and thus cannot reasonably be               
          regarded as a motion for judgment under 37 CFR  1.633(a).  If              
          it were a motion for judgment filed under 37 CFR  1.633(a),                
          it would have been summarily denied as to Knudsen’s claims                  
          even without need of any opposition from senior party Knudsen.              
          Thus, we regard the request as mere invitation for the Board                
          to analyze the supplied information and determine, on the                   
          Board’s own initiative, whether the claims are patentable.  In              
          our view, such examination is better left to be performed by                
          an examiner, in the first instance.                                         

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