McIntosh et al. V. Lewis et al. - Page 1



                   BoxInterferences@uspto.gov Paper 44                                                                            
                   Telephone: 571-272-4683 17 August 2007                                                                         
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                            BOARD OF PATENT APPEALS AND INTERFERENCES                                                             
                                             Patent Interference No. 105,492                                                      
                                                     COGNETIX, INC.                                                               
                                                       and Xenome Ltd.                                                            
                                                         (6,767,896),                                                             
                                                         Junior Party,                                                            
                                                               v.                                                                 
                                                       XENOME LTD.                                                                
                                                         (10/918,096),                                                            
                                                         Senior Party.                                                            

                   Before: TORCZON, TIERNEY, and MOORE, Administrative Patent                                                     
                   Judges.                                                                                                        
                   TORCZON, Administrative Patent Judge.                                                                          
                                               JUDGMENT – Bd.R. 127(b)                                                            
                                            ABANDONMENT OF CONTEST                                                                
             1            Cognetix did not file a priority statement.  Cognetix did not respond to                                
             2     an order to show cause why judgment should not be entered against it.                                          
             3     Paper 40.  Cognetix confirmed that it is no longer contesting the                                              
             4     interference.  Xenome supports entry of judgment against the involved                                          
             5     patent.  Paper 43.  It is now appropriate to enter judgment.                                                   
             6            Judgment is ENTERED AGAINST Cognetix for the subject matter of                                          
             7     Count 1, the sole count.                                                                                       




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