On 25 May 2005, the board received from Martin “MARTIN REQUEST FOR ENTRY
OF ADVERSE JUDGMENT PURSUANT TO 37 C.F.R. 1.662(a),” in which Martin requests
and agrees to entry of adverse judgment (Paper 8). Martin’s request is considered a request for
adverse judgment under Bd.R. 127(b), which became effective 13 September 2004 and
supersedes 37 C.F.R. § 1.662(a). Accordingly, it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at 5) is awarded against
junior party WILLIAM FRANK MARTIN, RUEDIGER HAIN, KLAUS-GUENTHER
TIETJEN, MARCO BURSCH and ANDREAS S. KLOTI.
FURTHER ORDERED that junior party WILLIAM FRANK MARTIN, RUEDIGER
HAIN, KLAUS-GUENTHER TIETJEN, MARCO BURSCH and ANDREAS S. KLOTI is not
entitled to a patent containing claims 1, 2 and 4-13 (corresponding to Count 1) of U.S. patent
6,303,365.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
application 09/987,025 and U.S. Patent 6,303,365.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135(c) and Bd.R. 205.
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