On April 27, 2000, a paper was submitted by counsel for
the senior party, Mr. Bruce B. Brunda, entitled “Submission of
Patent Assignments and Identification of Prevailing Party”
(Paper No. 32). The paper stated that the involved
applications of both the junior and the senior party in this
interference are now commonly owned by Integrated Medical
Systems, Inc. Mr. Brunda also stated:
Integrated Medical Systems, Inc., the common
assignee of both the Junior Party application and
the Senior Party application, hereby advises the
Board that the Junior Party, i.e., Frederick W.
George, III, and Wolfgang F. Kraske are the
prevailing parties in this interference. An Order
identifying the Junior Party as the prevailing party
in this proceeding is therefore requested.
This interference was declared on September 9, 1999, and
no preliminary motion has been filed by either party in this
case.
In light of the election by the common assignee, the
request for entry of adverse judgment against the senior party
is granted. It is
ORDERED that judgment as to the subject matter of the
count is herein entered against the senior party WOLFGANG F.
KRASKE;
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