a. Findings of fact
i. The interference was declared on 20 July
2000.
ii. On 3 August 2000, O'Young served a document
styled REQUEST FOR ADVERSE JUDGMENT (Paper 8).
iii. The O'Young document makes the following
statement:
Due to lack of commercial interest in the invention claimed
in the involved Patent No. 5,491,276, junior party O'Young
et al. respectfully requests entry of adverse judgment in
accordance with 37 C.F.R. § 1.662. This request is in no
way based on a determination of priority of invention. The
Junior Party O'Young et al. expressly reserves the right to
challenge (in another forum) the validity of any patent
issuing upon or claiming priority to the involved Powers et
al. application on any ground, including but not limited to
prior invention by another under 35 U.S.C. 102(g).
iv. On 7 August 2000, Powers served a response
(Paper 7).
v. The Powers response states:
O'Young cannot "reserve [] the right to challenge (in
another forum) the validity of any patent issuing upon or
claiming priority to the involved Powers et al. application
on any ground, including but not limited to prior invention
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