Dumoutier has filed a request for entry of adverse judgment. (Paper No. 17).
Specifically, Dumoutier states that it requests adverse judgment as to claim 1 of its involved U.S.
Application No. 09/915,735. Of note, claim 1 is the only pending claim in the ‘735 application
and it corresponds to Count 1, the sole count in interference. (Dumoutier Clean Copy of Claims,
Paper No. 4.5).
It is:
ORDERED that judgment on priority as to Count 1, the sole count in interference, is
awarded against Junior Party Dumoutier.
FURTHER ORDERED that Junior Party Dumoutier is not entitled to a patent
containing claim 1 of U.S. Application No. 09/915,735.
FURTHER ORDERED that a copy of this paper shall be made of record in the files of
U.S. Application No. 09/915,735 and U.S. Application No. 10/471,151.
FURTHER ORDERED that should there be a settlement agreement, the parties
attention is directed to 35 U.S.C. §135(c) and Bd. R. 205.
/Fred E. McKelvey/ )
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
/Michael P. Tierney/ ) BOARD OF PATENT
MICHAEL P. TIERNEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
/James T. Moore/ )
JAMES T. MOORE )
Administrative Patent Judge )
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