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.
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