Wallen et al. V. Srivastava - Page 1



                BoxInterferences@uspto.gov Paper 9                                                             
                Telephone: 571-272-4683 11 July 2007                                                           
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                        BOARD OF PATENT APPEALS AND INTERFERENCES                                              
                                       Patent Interference No. 105,448                                         
                          SCIENCE & TECHNOLOGY CORPORATION @UNM                                                
                                                 (6,713,608),                                                  
                                                Junior Party,                                                  
                                                      v.                                                       
                                         FORDHAM UNIVERSITY                                                    
                                                (10/640,604),                                                  
                                                Senior Party.                                                  
                                                JUDGMENT                                                       
                                               Bd.R. 127(b)(4)                                                 
                                           Abandonment of contest                                              
                Before: SCHAFER, LEE, and TORCZON, Administrative Patent Judges.                               
                TORCZON, Administrative Patent Judge.                                                          
           1          The junior party (STC) has thus far failed to participate in this                        
           2    proceeding.  In Paper 8, STC was warned that a junior party is the                             
           3    presumptive loser and will certainly lose if it does not participate.  STC was                 
           4    placed under an order to show cause why judgment should not be entered                         
           5    against it.  STC had the option (1) of filing the missing required papers or                   
           6    (2) of responding to the order without filing all of the missing required                      
           7    papers.                                                                                        
           8          The deadline for compliance has passed without any response from                         
           9    STC.  Judgment may be entered against a party that has abandoned the                           




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