Andrade indicated that Michalcewiz had abandoned the contest and
would file a paper indicating such.
On February 6, 2002, the board received from Michalcewiz a
letter in which Michalcewiz (Hardcore Operations, LLC) indicates
that it has “decided not to continue with the patent
interference” (Paper 68).
In essence, Michalcewiz has abandoned the interference
contest. An abandonment of the contest will be treated as a
request for entry of an adverse judgment against Michalcewiz as
to all claims which correspond to the count. 37 CFR § 1.662(a).
Upon consideration of Michalcewiz abandonment of the contest
(Paper 68), it is
ORDERED that judgment on priority as to Count 1 (Paper
54, pages 2-3) and Count 2 (Paper 54, pages 3-4) is awarded
against junior party WILLIAM W. MICHALCEWIZ, GEORGE C. TUNIS III,
RIKARD K. HARALDSSON, and BROCK J. VINTON.
FURTHER ORDERED that junior party WILLIAM W.
MICHALCEWIZ, GEORGE C. TUNIS III, RIKARD K. HARALDSSON, and BROCK
J. VINTON is not entitled to a patent containing claims (1) 1, 2,
6, 8, 9, 13, and 15-19 and (2) 20-22, 25, 26, 28-30, 32, 36-39,
and 43 (corresponding to the Counts 1 and 2 respectively) of U.S.
Patent 5,505,030, filed 14 March 1994.
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