abandonment of the interference contest and thus as a request by Eugster for entry of adverse
judgment as to all its claims corresponding to the count. 37 CFR § 1.662(a).
Upon consideration of the record of the interference, it is
ORDERED that judgment as to Count 1, the sole count in the interference, is
awarded against junior party CONRAD HANS EUGSTER, RICARDO MONTOYA-OLVERA,
and JOSE-ODON TORRES-QUIROGA;
FURTHER ORDERED that junior party, CONRAD HANS EUGSTER,
RICARDO MONTOYA-OLVERA, and JOSE-ODON TORRES-QUIROGA is not entitled to a
patent containing claims 1-26 of patent 6,420,614 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties’
attention is directed to 35 USC § 135(c);
FURTHER ORDERED that a copy of this judgment be given a paper number
and be entered in the administrative records of Eugster’s 6,420,614 patent and Khachik’s
10/240,172 application; and
FURTHER ORDERED that the conference call scheduled for 8 January 2004,
is CANCELLED.
______________________________ )
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