application. Abandonment of an involved application is construed as a request for adverse
judgment. Bd.R. 127(b)(1).
Accordingly, it is
ORDERED that judgment as to the subject matter of the count is herein entered against
the senior party ABARRA;
FURTHER ORDERED that senior party ABARRA is not entitled to claims 1-12 and
19-25 which correspond to the count;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. 135(c) and Bd.R. 205;
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
applications of the parties; and
FURTHER ORDERED that the clerk of the Board have entered into the ABARRA
application file 09/425,788 the ABARRA notice for express abandonment.
cc (via e-mail):
Attorney for CAREY:
Mr. Steven Parmelee (lead counsel)
Mr. Mark Barrish (backup counsel)
swparmelee@townsend.com
mdbarrish@townsend.com
Attorney for ABARRA:
Mr. Patrick G. Burns (lead counsel)
Mr. James Folker (backup counsel)
pburns@gbclaw.net
jfolker@gbclaw.net
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Last modified: November 3, 2007