Upon consideration of the record, including the fact that the now
1 junior party Luzio has abandoned the contest, it is
2
3 ORDERED that Luzio's abandonment of the contest is treated a
4 request for entry of an adverse judgment. Cf. Guinn v. Kopf, 96 F.3d 1419,
5 40 USPQ2d 1157 (Fed. Cir. 1996).
6 ORDERDED that judgment on priority as to Count 2 (the sole
7 count in the interference; Paper 21, page 3) is awarded against junior party
8 GARY LUZIO, SUSAN C. FORMAN and TIMOTHY C. GERRISH,
9 FURTHER ORDERED that junior party GARY LUZIO,
10 SUSAN C. FORMAN and TIMOTHY C. GERRISH is not entitled to a
11 patent containing claim 100 (corresponding to Count 2) of:
12 U.S. Patent 6,428,837 B1
13 issued 6 August 2002
14 based on application 09/589,887
15 filed 9 June 2000
16 FURTHER ORDERED that if there is a settlement agreement,
17 attention is directed to 35 U.S.C. § 135(c).
18 FURTHER ORDERED that a copy of this JUDGMENT
19 shall be placed in the files of (1) U.S. Patent 6,428,837 B1 and
20 (2) application 10/376,512.
2
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