CLOUGH et al. V. BRAND et al. V. CLOUGH et al. V. - Page 2

               Before: CAROFF, PATE and HANLON, Administrative Patent Judges.                                                   

               CAROFF, Administrative Patent Judge.                                                                             


                                                        JUDGMENT                                                                

                      Whereas the junior parties, Clough et al. and Brand et al., have failed to file a response                
               to the Order to Show Cause of December 20, 2000 (Paper No. 51) within the time set                               
               therefor, pursuant to that Order judgment is hereby entered as follows:                                          

                                                        JUDGMENT                                                                

                      Judgment as to the subject matter of the sole count in issue is hereby awarded to                         
               Isenring et al., the senior party.                                                                               
                      Accordingly, Clough et al. (Patent 5,346,902) are not entitled to their patent claims 1-10                
               corresponding to the count and, also, are not entitled to a patent containing claims 1-3, 5 and                  
               7-10 of their application 08/281,889 which correspond to the count.                                              
                      Brand et al. are not entitled to a patent containing their involved claims 9-24.                          















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