1 Maria Vignone, a Trial Division paralegal, has spoken with a Judith Kim of Sterne
2 Kessler Goldstein Fox, who represented that she is counsel for Junior Party Leid. Ms. Kim
3 informed Ms. Vignone that Junior Party Leid would not be filing papers in this interference.
4 Failure to file requisite papers is construed as an abandonment of the contest, which is an action
5 that is considered a request for adverse judgment. Bd. R. 127(b)(4).
6 It is:
7 ORDERED that judgment on priority as to Count 1, the sole count in interference, is
8 awarded against Junior Party Leid.
9 FURTHER ORDERED that Junior Party Leid is not entitled to a patent containing
10 claims 10-13, 16, and 19 of Leid, U.S. Patent No. 6,635,429, all of which correspond to Count 1.
11 FURTHER ORDERED that a copy of this paper shall be made of record in the files of
12 U.S. Application No. 08/467,543 and U.S. Patent No. 6,635,429.
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