Interference 105,231 Paper 32
Petersen has filed Paper 31 styled "Abandonment of Petersen Application."
Petersen asserts that it no longer has an application or patent involved in the proceeding.
We construe this filing as a request for adverse judgment pursuant to BdR. 127(b)(1).
Accordingly, it is hereby:
ORDERED that judgment on priority as to Count I (Paper 1, page 5) is
awarded against junior party HANS PETERSEN and MICHAEL HAROLD ROCK.
FURTHER ORDERED that junior party HANS PETERSEN and
MICHAEL HAROLD ROCK is not entitled to a patent containing claim 4
(corresponding to Count 1) of application 10/228,388.
FURTHER ORDERED that a copy of this paper shall be made of record
in files of each of application 10/228,388 and U.S. Patent 6,310,222.
FURTHER ORDERED that the parties shall direct their attention to 35
U. S.C. § 135(c) and Bd. R. 205 if there is a settlement agreement.
/Jameson Lee/
JAMESON LEE
Administrative Patent Judge
/James T. Moore/ BOARD OF PATENT
JAMES T. MOORE
Administrative Patent Judge APPEALS AND
/Linda R. Poteate/ INTERFERENCES
LINDA R. POTEATE
Administrative Patent Judge
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