request for entry of adverse judgment against the applicant as to
all claims corresponding to all counts. 37 CFR § 1.662.
Upon consideration of Edwards’ Notice of Express Abandonment
of its involved application, it is
ORDERED that judgment on priority as to Count 1 (Paper
1 at 48) is awarded against junior party MICHAEL R. EDWARDS and
KIRK B. OLSON.
FURTHER ORDERED that junior party MICHAEL R. EDWARDS
and KIRK B. OLSON is not entitled to a patent containing claims
1-3 and 5-39 (corresponding to Count 1) of application
09/004,073, filed 7 January 1998.
FURTHER ORDERED that the Notice of Express Abandonment
shall be made of record in the file of application 09/004,073.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 09/004,073, U.S. Patent
5,816,689 and application 09/150,202.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.666.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
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