oppose the declared interference, and, based on this decision chooses to abandon the contest
under 37 C.F.R. 41.127(b)(4).”
A request for abandonment of the contest under 37 C.F.R. 41.127(b)(4) is construed as a
request for adverse judgment. 37 C.F.R. 41.127(b). Accordingly, upon consideration of
Kapitonov’s Request for Adverse Judgment, it is hereby:
ORDERED that judgment on priority as to Counts 1 and 2, the only counts in
interference, is awarded against Junior Party Kapitonov.
FURTHER ORDERED that Junior Party Kapitonov is not entitled to a patent
containing claims 1-3, 6-7 and 9-13 of U.S. Patent No. 6,280,989 (claims 1-3, 6-7 and 9-12
corresponding to Count 1 and 1-3, 6-7 and 9-13 corresponding to Count 2).
FURTHER ORDERED that a copy of this paper shall be made of record in the files of
application 10/309,389 and U.S. Patent No. 6,280,989.
FURTHER ORDERED that should there be a settlement agreement, the parties
attention is directed to 35 U.S.C. §135(c) and 37 C.F.R. §41.205.
/Sally C. Medley/ )
ADMINISTRATIVE PATENT JUDGE )
)
)
/Michael P. Tierney/ ) BOARD OF PATENT
ADMINISTRATIVE PATENT JUDGE ) APPEALS AND
) INTERFERENCES
)
)
/James T. Moore/ )
ADMINISTRATIVE PATENT JUDGE )
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