Ethicon, Inc., Plaintiff-appellant, v. Donald J. Quigg, Commissioner of Patents & Trademarks Andthe Patent & Trademark Office, and United Statessurgical Corporation, Defendants/cross-appellants, 878 F.2d 1443 (Fed. Cir. 1989)

ORDER

The following have been submitted:

(1) Ethicon, Inc.'s motion for reconsideration and/or clarification of the court's January 13, 1989 order;

(2) The Commissioner of Patents and Trademarks' response; and

(3) Ethicon's stipulated motion for voluntary dismissal of appeal no. 88-1651.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Ethicon's motion for reconsideration and/or clarification is granted to the following extent: the briefing schedule is suspended pending resolution of Ethicon's motion to dismiss appeal no. 89-1167.

(2) Ethicon's motion to voluntarily withdraw appeal no. 88-1651 is granted. Each side is to bear its own costs. A revised official caption is attached.