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Interference No. 104,490
In Interference Number 104,491 and captioned Hester et al.
v. Bouchard et al., Hester et al. requested and agreed to adverse
judgment against them under 37 C.F.R. § 1.662 (a). See Paper
Number 67 filed on March 5, 2003, in Interference Number 104,491.
On March 11, 2003, the Board entered judgment against Hester et
al. in Interference Number 104,491 as to all their claims
designated as corresponding to the counts. See Paper Number 69 in
Interference 104,491. Hester et al. were involved in Interference
Number 104,491 based on the same application as here, that is,
Application Serial Number 08/454,210, and based on the identical
claims as here. Thus, by conceding priority to Bouchard et al.,
Hester et al. were no longer entitled to the claims in their
application designated as corresponding to the counts which are
the same claims on which Hester et al. are involved here.
Therefore, Hester et al. have no enforceable claims remaining in
their involved application in this interference proceeding.
Accordingly, all Hester et al.'s preliminary motions are
DISMISSED.
We have the extraordinary situation here where neither party
in this interference has any enforceable claims remaining in
their involved patent and application, respectively. Therefore,
there is no longer any basis on which we could or shall continue
this proceeding as the rights of the parties as to the subject
matter of the counts has already been determined in the other,
related proceedings. In light of these facts, it is now
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