Interference No. 105,151
Kern v. Kalempa
On May 4, 2004, junior party Kern filed a request for entry of adverse judgment. (Paper
No. 20). The request is granted. It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
junior party RODNEY KERN, DAVE LEPPERT, PETER SCHULTE, JAMES SCHWINGLE
and DEAN SHANAHAN;
FURTHER ORDERED that junior party RODNEY KERN, DAVE LEPPERT, PETER
SCHULTE, JAMES SCHWINGLE and DEAN SHANAHAN is not entitled to its patent claim 1
which corresponds to Count 1;
FURTHER ORDERED that senior party’s preliminary motion 1 to add a claim to its
involved application and to designate the same as corresponding to Count 1 is dismissed as
moot;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666;
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties; and
FURTHER ORDERED that upon resumption of prosecution of its involved application
before the examiner, senior party Kalempa shall immediately submit to the examiner a copy of
junior party Kern’s request for entry of adverse judgment, inclusive of all attachments thereto,
and specifically direct the examiner’s attention to the discussion of potentially applicable prior
art on page 2 thereof.
- 2 -
Page: Previous 1 2 3 4 Next
Last modified: November 3, 2007