On May 10, 2002, board personnel Sonja Despertt spoke with
Mr. Roberts, counsel for Edwards (Vidamed, Inc.) to inquire
whether Vidamed, Inc. would respond to the ORDER TO SHOW CAUSE.
Mr. Roberts indicated that Vidamed, Inc. would not respond to the
ORDER TO SHOW CAUSE.
Upon consideration of the record, it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at
5), the sole count in the interference, is awarded against junior
party Rodney C. Perkins.
FURTHER ORDERED that junior party Rodney C. Perkins is not
entitled to a patent containing claims 1-18 (corresponding to
Count 1) of U.S. Patent 5,454,782.
FURTHER ORDERED that a copy of this paper shall be made of
record in files of application 08/723,588 and U.S. Patent
5,454,782.
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