Interference No. 104,840 Page 2
2. Raiford A. Blackstone for Senior Parry Henderson;
3. Peter A. Bielinski and Charles Cox for Junior Party Kolodziej.
During the conference call, counsel for Junior Party Kolodziej stated that they would not
be contesting the interference. This abandonment of contest is consistent with Junior Parry
Kolodziej's failure to submit a preliminary statement in this interference. Pursuant to 37 CFR
§ 1.662(a), Junior Party Kolodziej's abandonment of the contest is treated as a request for
judgment against the Junior Party as to Count 1, the sole count in interference.
B. Order
Upon consideration of the record, and for the reasons given, it is:
ORDERED that judgment on priority as to Count I (Notice Declaring Interference,
Paper No. 1, page 5), the sole count in the interference, is awarded against Junior Party
Kolodziej.
FURTHER ORDERED that Junior Party Kolodziej is not entitled to a patent containing
claims 1-23 of Kolodziej, U.S. Patent No. 6,221,130 as these claims correspond to Count 1.
(Paper No. 1, p. 5).
FURTHER ORDERED that a copy of this Judgment shall be placed in and given a
paper number in the file of Kolodziej, U.S. Patent No. 6,221,130 and in Henderson, U.S.
Application No. 09/946,657.
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Last modified: November 3, 2007