1 notification of lead and backup counsel. (Paper No. 2, ¶¶ 8 & 108). Junior Party Melvin failed
2 to file the required papers.
3 The official USPTO address for the involved Melvin ‘103 patent lists Dr. David B.
4 Melvin as the contact person for the patent. Earlier today, a trial division paralegal, Yolunda
5 Townes, contacted David B. Melvin, regarding the filing of the required papers. Dr. Melvin
6 informed Ms. Townes that Junior Party Melvin would not proceed in this interference and was
7 abandoning the contest. A request for abandonment of the contest under Bd.R. 127(b)(4) is
8 construed as a request for adverse judgment. Bd.R. 127(b).
9 It is:
10 ORDERED that judgment on priority as to Count 1, the sole count in interference, is
11 awarded against Junior Party Melvin.
12 FURTHER ORDERED that Junior Party Melvin is not entitled to a patent containing
13 claims 23-24 of U.S. Patent No. 6,221,103, both of which correspond to Count 1.
14 FURTHER ORDERED that a copy of this paper shall be made of record in the files of
15 application 10/127,731 and U.S. Patent No. 6,221,103.
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Last modified: November 3, 2007