Joseph A. Volk, Jr., Appellant, v. Richard L. White and Jim Bleke, Appellees, 915 F.2d 1583 (Fed. Cir. 1990)

ORDER

The following have been submitted:

(1) The motion of the Commissioner of Patents and Trademarks for leave to intervene;

(2) The Commissioner's motion for summary affirmance of the decision of the Board of Patent Appeals and Interferences;

(3) Richard L. White and Jim Bleke's motion for damages and costs;

(4) The Commissioner's and Joseph A. Volk, Jr.'s opposition to the motion for damages and costs; and

(5) Volk's motion for voluntary dismissal under Fed. R. App. P. 42(b).

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Volk's motion to voluntarily dismiss is granted.

(2) White's motion for damages and costs is denied.

(3) All other motions are dismissed as moot.

(4) All sides shall bear their own costs.