Interference No. 104,790
Hull v. Sachs
On August 27, 2002, senior party Sachs filed a paper
entitled “SACHS ABANDONMENT OF CONTEST UNDER 37 CFR § 1.662(a)”
(Paper No. 38), in which party Sachs states:
Under 37 CFR § 1.662(a) Sachs hereby abandons the
contest to the count of this interference in view of a
settlement agreement between parties.
It should be noted that abandonment of contests are the same
as concessions of priority and requests for entry of adverse
judgment under 37 CFR § 1.662 and are effective regardless of
whether another party fulfills its obligation under any
settlement agreement between the parties.
Sachs’ abandonment of contest is treated as an unconditional
request for entry of adverse judgment. The request is Granted.
If party Sachs intended that somehow the abandonment of
contest would be ineffective unless some other condition is met,
that should be raised and clarified in a timely request for
reconsideration filed concurrently with a miscellaneous motion to
vacate this judgment.
In light of the foregoing, it is
ORDERED that judgment as to the subject matter of the count
is herein entered against senior party HOWARD G. SACHS and
SIAMAK ARYA;
FURTHER ORDERED that senior party HOWARD G. SACHS and
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Last modified: November 3, 2007