ON MOTION

ORDER

Nicon, Inc. moves for reconsideration of the court’s order dismissing Nicon’s appeal for failure to file an appendix, with appendix attached. Nicon states that the United States does not oppose.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Nicon’s motion for reconsideration is granted.

(2) The October 23, 2002 dismissal order is vacated, the mandate is recalled, and the appeal is reinstated.