FOR COUNT 2 BY TOMES" (Paper 23). In the paper, Tomes states
"Tomes hereby abandons the contest with respect to Count 2 to
insect resistant transgenic corn in Interference Nos. 104,453
and 104,513 by hereby canceling claims 41, 66 and 81 in U.S.
Serial No. 08/442,522, the only Tomes claims which correspond
to
Count 2."
Carswell has filed a paper entitled "CARSWELL ABANDONMENT
OF CONTEST AND CONCESSION OF UNPATENTABILITY UNDER 37 C.F.R.
§ 1.662" (Paper 20). In the paper, Carwell states that it
"hereby abandons the contest as to Count 1 in the present
interference and concedes that the subject matter of Count 2
is not patentable to either party in the interference."
Carswell states that it is expressly abandoning its involved
08/447,057 application.
When a party either (1) concedes unpatentability of the
subject matter of a count or (2) abandons the contest as to a
count, the concession or abandonment is treated as a request
for entry of an adverse judgment against the party as to all
the claims that correspond to the count. 37 CFR § 1.662(a).
Accordingly, (1) the statement by Tomes (Paper 23) is treated
as a request for adverse judgment as to count 2, and (2) the
statement by Carswell (Paper 20) is treated as a request for
2
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Last modified: November 3, 2007