Respondents Malcolm E. Bergy et al, by filing an Amendment (Appendix A) with the United States Patent and Trademark Office on December 19, 1979, have abandoned the subject matter of this appeal insofar as it applies to those respondents.

In view of the abandonment of the Bergy et al. subject matter, the controversy is now moot as to those respondents. See Brenner v. Hofstetter, 389 U.S. 5 (1967). Respondents Bergy et al therefore move that the judgment (insofar as it applies to those respondents) be vacated and the case remanded to the United States Court of Customs and Patent Appeals with directions to dismiss the appeal to that court as moot.

Respectfully submitted,

HAROLD C. WEGNER, CHARLES A. WENDEL, STEVENS, DAVIS, MILLER & Mosher, 1911 Jefferson Davis Highway, Suite 600, Crystal Mall 1, Arlington, Virginia 22202, Telephone (703) 920-8900, Attorneys for Respondents, Malcolm E. Bergy et al.
 
 

APPENDIX A

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re the application of MALCOLM BERGY ET AL

Serial No.: 477,766

Filed: June 10, 1974

For: PROCESS FOR PREPARING LINCOMYCIN

Attention: Solicitor By Hand Delivery

AMENDMENT

Hon. Commissioner of Patents and Trademarks Washington, D.C. 20231

Sir:

Kindly amend the above captioned application as follows:

IN THE CLAIMS:

Cancel claim 5.

REMARKS

Via the above amendement applicants have abandoned the subject matter of the pending appeal at the Supreme Court, Parker v. Bergy. With the cancellation of all subject matter in controversy at the Supreme Court, the application is in condition for allowance.

Respectfully submitted, MALCOLM BERGY ET AL

by John Kekich Reg. no. 17,002

301 Henrietta Street Kalamazoo, Michigan 49001

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