Interference No. 104,491
Receipt on March 5, 2003, of the paper captioned
"HESTER REQUEST FOR ENTRY OF ADVERSE JUDGMENT" (Paper Number 67)
is herein acknowledged. Therein, Hester et al., the junior party
in this interference, have conceded priority of invention as
defined by each of the counts in this interference to the senior
party, Bouchard et al. Hester et al,, the junior party have also
requested that entry of adverse judgment be entered against them
with respect to all of their claims corresponding to Count 4,
Count 2 and Count 3A in this interference.
Accordingly, pursuant to 37 C.F.R. § 1.662(a), judgment
as to the subject matter of Count 4 is hereby awarded to Herv6
Bouchard, Jean-Dominique Bourzat and Alain Commerqon, the senior
party. Herv6 Bouchard, Jean-Dominique 9ourzat and Alain
Commerqon, the senior party, are entitled to a patent containing
claim 140 of their involved application Serial Number 08/162,984
designated as corresponding to Count 4. Judgment as to the
subject matter of Count 4 is entered against Jackson B. Hester,
Jr., Roy A. Johnson, Robert C. Kelly, Eldon G. Nidy and Harvey L.
Skulnick, the junior party. Jackson B. Hester, Jr., Roy A.
Johnson, Robert C. Kelly, Eldon G. Nidy and Harvey L. Skulnick,
the junior party, are not entitled to a patent containing claims
2, 3, 7, 19, 20, 34 through 37, 39 through 42, 44 and 45 of their
involved application Serial Number 08/454,210 designated as
corresponding to Count 4.
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