Interference No. 103,315
The "Show cause order" faxed to the parties on April 5,
2001, gave Holmes until April 19 to file (by fax) a paper showing
cause why the expiration of Holmes's involved Patent 5,048,812
for failure to pay a maintenance fee should not be treated as a
request for the entry of adverse judgment on the issue of
priority with respect to the subject matter of the count. In
view of Holmes's failure to file such a paper, judgment on the
issue of priority is hereby entered against Holmes's patent
claims that correspond to the count, viz., claims 1-46, which
means Holmes is not entitled to a patent containing those claims.
Accordingly, judgment on the issue of priority is hereby awarded
in favor of Sardella et al.'s claims that correspond to the
count, viz., claims 6, 8-10, 12-17, 21, 22, and 25-53, which
means Sardella et al. are entitled to a patent containing those
claims.
)
__________________________ )
ANDREW H. METZ )
Administrative Patent Judge)
)
) BOARD OF
__________________________ ) PATENT APPEALS
WILLIAM F. PATE III ) AND
Administrative Patent Judge) INTERFERENCES
)
)
__________________________ )
JOHN C. MARTIN )
Administrative Patent Judge)
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