ECKHARDT et al. V. NOVOTNY et al. - Page 2





               Senior party Novotny has filed a paper in each of related              
          interferences 104,689 ("'689") and 104,690 ("'690") entitled                
          "REQUEST FOR ENTRY OF ADVERSE JUDGMENT" ('689 at Paper 29 and               
          '690 at Paper 27).  In each paper Novotny states:                           
               The party Novotny hereby abandons the contest.                         
               Accordingly, entry of adverse judgment against Novotny                 
               with respect to the subject matter at issue is                         
               requested.                                                             
               The Novotny statements are treated as requests for adverse             
          judgment under 37 CFR § 1.662(a).                                           
               We note that Eckhardt has filed preliminary motions 1 to 4             
          in each of interferences '689 and '690 ('689 at Papers 25-28 and            
          '690 at Papers 23-26).  Three of the preliminary motions filed in           
          each interference are filed under 37 CFR § 1.633(a) and seek                
          judgment that the Novotny claims are unpatentable.  One of the              
          preliminary motions filed in each interference is filed under               
          37 CFR § 1.633(g) and attacks the benefit accorded to Novotny in            
          the Notice Declaring Interference (Paper 1 in each interference).           
          Since Novotny has requested adverse judgment under 37 CFR                   
          § 1.662(a), Novotny is not entitled to a patent containing the              
          claims that correspond to the count in each interference.  It is            
          unnecessary to decide if the Novotny claims are unpatentable on             
          other grounds or if Novotny is entitled to the benefit accorded             
          in the Notices Declaring the Interferences.  Accordingly, the               
          preliminary motions filed by Eckhardt in each interference are              
          DISMISSED as moot.                                                          


                                        - 2 -                                         





Page:  Previous  1  2  3  4  5  Next 

Last modified: November 3, 2007