Interference No. 104,001
JUDGMENT UNDER 37 CFR 1.662(c)
_____________
METZ, PATE, and MARTIN, Administrative Patent Judges.
MARTIN, Administrative Patent Judge.
As a result of the Adminstrative Patent Judge's
decision (Paper No. 81) granting Esserman et al.'s Motion II
and order (Paper No. 82) redeclaring the interference, the
only claims of the Esserman et al. patent that remain
designated as corresponding to the count are claims 60 and 68.
Esserman et al.'s Motion X, which was contingent on the
granting of their Motion II, requests entry of the
accompanying statutory disclaimer of these claims under 37 CFR
§ 1.321(a) claims. This request is being treated as a request
for entry of adverse judgment against these claims in
accordance with the last sentence of § 1.662(c), which reads,
"A statutory disclaimer will not be treated as a request for
entry of an adverse judgment against the patentee unless it
results in the deletion of all patent claims corresponding to
a count." Accordingly, judgment is hereby entered against3
The validity of this provision was upheld in Guinn v.3
Kopf, 96 F.3d 1419, 1422, 40 USPQ2d 1157, 1160 (Fed. Cir. 1996).
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