A paper entitled “ACHEN REQUEST FOR ENTRY OF ADVERSE JUDGMENT”
stating that “junior party Achen hereby concedes priority of the subject matter of the sole count
in this interference” has been filed by Achen (Paper 30).
A concession of priority is treated as a request for entry of adverse judgment. 37 CFR
§ 1.662(a). Accordingly, it is appropriate to enter judgment against Achen.
Upon consideration of the record of the interference and for reasons given, it is
ORDERED that judgment as to Count 1, the sole count in the interference, is
awarded against junior party MARC G. ACHEN, ANDREW F. WILKS, STEVEN A.
STACKER, and KARI ALITALO;
FURTHER ORDERED that junior party MARC G. ACHEN, ANDREW F.
WILKS, STEVEN A. STACKER, and KARI ALITALO, is not entitled to a patent containing
claims 1-16 of patent 6,235,713, which correspond to Count 1, the sole count in the
interference; and
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Last modified: November 3, 2007