Interference No. 105,236
Cone v. Kain
On October 29, 2004, party Kain gave notice (Paper 42) to the board that the real party in
interest of both junior party’s involved patent and senior party’s involved application are now
the same, Cosco Management, Inc. On November 3, 2004, the common assignee, Cosco
Management Inc., filed a request for entry of adverse judgment (Paper 44) against senior party
Kain. The request is granted. It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
senior party JAMES M. KAIN;
FURTHER ORDERED that senior party JAMES M. KAIN is not entitled to its
application claims 41-51 which correspond to Count 1;
FURTHER ORDERED that junior party Cone’s priority brief (Paper 31), insofar as it is
regarded as a motion for priority, 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 41 CFR § 1.205; and
FURTHER ORDERED that a copy of this judgment be placed in the respective
involved application or patent of the parties.
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