originally represented that the real party in interest of its
involved application was Kaps-All Packaging Systems. (Paper
17). On February 7, 2001, senior party Sarles filed a paper
entitled “Parties Sarles and Herzog Notification Pursuant to
37 C.F.R. § 1.602" (Paper 40) in which it is represented that
junior party’s involved application 09/138,159 and senior
party’s involved application 08/964,572 are now commonly owned
by Kaps-All Packaging Systems, Inc. The paper was signed by
both counsel for junior party Herzog and senior party Sarles.
No copy of the assignment was filed with the notification.
An ORDER TO SHOW CAUSE was filed February 8, 2001 (paper
41). Kaps-All Packaging Systems, Inc., the common assignee of
the involved applications, was ordered to show good cause,
within 20 days, why judgment should not be entered against
junior party Herzog. The Board received a settlement
agreement on February 16, 2001 (paper 44).
A conference call involving counsel for party Herzog,
party Sarles and administrative patent judge (APJ) Sally
Medley was held on February 28, 2001 (the day a response to
the Order to Show Cause was due). Counsel for party Herzog
sought advice from the APJ regarding how it should continue
prosecution of certain ones of junior party Herzog’s claims.
The APJ did not give an opinion as to what the parties should
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