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 NextLast modified: November 3, 2007