Interference No. 104,652
Dunlap v. Fort
ADVERSE JUDGMENT UNDER CFR § 1.662.” It has a certificate of
service which indicates that it was mailed to the senior party on
October 24, 2001. The board, however, has not yet received the
original of such paper. Nonetheless, we will act on the copy as
though it were the original. If the original is received later,
it will be accorded a new paper number and placed in the file.
Junior party Dunlap states:
Enclosed herewith is a Notice of
Cancellation and Abandonment filed by the
Junior Party herein in the application of
this interference.
Junior party requests and agrees to an
adverse judgment under CFR § 1.662 and hereby
disclaims the invention defined by the counts
of this interference.
Also pending before the board is senior party Fort’s
preliminary motion 1 (Paper No. 22) for judgment against Dunlap’s
claims 54, 55, and 56 as being unpatentable over prior art.
It is
ORDERED that in light of junior party Dunlap’s request for
entry of adverse judgment, senior party’s preliminary motion 1 is
dismissed as moot;
FURTHER ORDERED that junior party’s request for entry of
adverse judgment is granted;
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Last modified: November 3, 2007