Interference No. 105,007 Paper29
Boyce v. Hofmann Page 2
Senior party Hofmann "expressly abandons the contest of the above-identified
interference" (Paper 27). Pursuant to 37 CFR § 1.662(a), abandonment of the contest
by a party is treated as a request for adverse judgment by the party. Accordingly, it is
ORDERED that judgment on priority as to Count 1 (Paper 1, p. 5), the sole
count in the interference, is awarded against senior party CHRISTIAN HOFMANN and
MICHAEL STRAUSS.
FURTHER ORDERED that senior party CHRISTIAN HOFMANN and MICHAEL
STRAUSS is not entitled to a patent containing claims 21, 23, 28 and 40
(corresponding to Count 1) of application 09/502,472, filed February 11, 2000.
FURTHER ORDERED that a copy of this paper shall be made of record in the
files of U.S. Patent 6,183,993 and application 09/502,472.
FURTHER ORDERED that if there is a settlement agreement which has not
been filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
RICHARD E. SCHAFEVF\,
Administrative Patent Judge
BOARD OF PATENT
CAROL A. SPIEGEL APPEALS AND
INTERFERENCES
atent Judge
;Ad4miistrative4,LAL GARDNERLANE
Administrative Patent Judge
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