MELVIN V. Melvin V. Schweich et al. - Page 2




       1             The official USPTO address for the involved Melvin ‘408 and ‘760 patents lists Dr.                    
       2      David B. Melvin as the contact person for the patent.  Earlier today, a trial division paralegal,            
       3      Yolunda Townes, contacted David B. Melvin, regarding the filing of the required papers.  Dr.                 
       4      Melvin informed Ms. Townes that Junior Party Melvin would not proceed in this interference                   
       5      and was abandoning the contest.  A request for abandonment of the contest under                              
       6      Bd.R. 127(b)(4) is construed as a request for adverse judgment.  Bd.R. 127(b).                               
       7             It is:                                                                                                
       8             ORDERED that judgment on priority as to Count 1, the sole count in interference, is                   
       9      awarded against Junior Party Melvin.                                                                         
     10              FURTHER ORDERED that Junior Party Melvin is not entitled to a patent containing                       
     11       claims 1-39 of U.S. Patent No. 6,190,408, all of which correspond to Count 1.                                
     12              FURTHER ORDERED that Junior Party Melvin is not entitled to a patent containing                       
     13       claims 1-50 of U.S. Patent No. 6,409,760, all 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 10/073,968 and U.S. Patent No. 6,409,760 and U.S. Patent No. 6,190,408.                          
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