1 Mr. Ryan in turn told the paralegal that Mather had not filed, and did
2 not intend to file, a response to the order to show cause.
3 Accordingly, entry of a judgment is now appropriate.
4 Upon consideration of the record, including the phone call from the
5 paralegal to Mr. Ryan and Mr. Ryan's response, it is
6 ORDERDED that judgment on priority as to Count 1 (the sole
7 count in the interference; Paper 1, page 7):
8 A shape memory polymer comprising a reaction product of
9 (1) styrene, (2) a vinyl compound other than styrene, (3) a
10 multifunctional crosslinking agent, (4) an initiator and (5) a
11 modifying polymer.
12 is awarded against Junior Party PATRICK T. MATHER and
13 CHANGDENG LIU.
14 FURTHER ORDERED that Junior Party PATRICK T.
15 MATHER and CHANGDENG LIU is not entitled to a patent containing
16 claims 37-40 (corresponding to Count 1) of:
17 application 10/425,451
18 filed 29 April 2003
19
20 FURTHER ORDERED that if there is a settlement agreement,
21 attention is directed to 35 U.S.C. § 135(c).
22 FURTHER ORDERED that a copy of this JUDGMENT shall
23 be placed in the file of (1) application 10/425,451 and (2) U.S. Patent
24 6,759,481 B2.
25 FURTHER ORDERED that the Clerk is directed to distribute
26 the files upon entry of this JUDGMENT.
27
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