JAO et al v. TYERS et al - Page 2




                                                                                                 Interference No. 104,732                     
                                                                                                                     Page 2                   
                         As set forth in the Communications of August 27, 2001 (Paper No. 7) and September 14,                                
                2001 (Paper No. 13), Junior Party Jao was to file, but not serve, a preliminary statement with the                            
                Board by September 26, 2001.  Jao was informed that failure to file a preliminary statement with                              
                the Board by the September deadline would result in an entry of adverse judgment against Jao on                               
                the issue of priority.                                                                                                        
                         During the conference call of September 26, 2001, Junior Party Jao stated that no                                    
                preliminary statement would be filed in this interference.  Accordingly, we enter adverse                                     
                judgment against Jao.                                                                                                         






























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