ABANDONMENT OF CONTEST”, in which Aguilar “hereby abandons the
contest as to all counts of said interference” (Paper 30).
Abandonment of the contest as to all counts of the
interference will be treated as a request for entry of adverse
judgment against the applicant as to all claims corresponding
to all counts. 37 CFR § 1.662(a).
Upon consideration of Aguilar’s abandonment of the
contest, it is
ORDERED that judgment on priority as to Counts 1 and
2 (Paper 1, pages 5 and 6) is awarded against junior party
ALFRED AGUILAR.
FURTHER ORDERED that junior party ALFRED AGUILAR is
not entitled to a patent containing claims (1) 4 and (2) 5 and
7 (corresponding to Counts 1 and 2 respectively) of
application 09/157,670, filed 21 September 1998.
FURTHER ORDERED that a copy of this paper shall be
made of record in files of application 09/157,670 and U.S.
Patent 6,129,029.
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