Aguilarv.Watson

Board of Patent Appeals and Interferences

Nov 30, 2001

09138820 (B.P.A.I. Nov. 30, 2001)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper 31
Filed by: Sally C. Medley
Administrative Patent Judge
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ALFRED AGUILAR
Junior Party
(Application 09/157,670),
v.
RONALD R. WATSON,
Senior Party
(Patent 6,129,029).
_______________
Patent Interference No. 104,572
______________________
Before McKELVEY, Senior Administrative Patent Judge, and
SPIEGEL and MEDLEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
On November 29, 2001, the board received from Aguilar a
paper entitled “STIPULATION BY AGUILAR AND WATSON FOR
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ABANDONMENT OF CONTEST”, in which Aguilar “hereby abandons the
contest as to all counts of said interference” (Paper 30).
Abandonment of the contest as to all counts of the
interference will be treated as a request for entry of adverse
judgment against the applicant as to all claims corresponding
to all counts. 37 CFR § 1.662(a).
Upon consideration of Aguilar’s abandonment of the
contest, it is
ORDERED that judgment on priority as to Counts 1 and
2 (Paper 1, pages 5 and 6) is awarded against junior party
ALFRED AGUILAR.
FURTHER ORDERED that junior party ALFRED AGUILAR is
not entitled to a patent containing claims (1) 4 and (2) 5 and
7 (corresponding to Counts 1 and 2 respectively) of
application 09/157,670, filed 21 September 1998.
FURTHER ORDERED that a copy of this paper shall be
made of record in files of application 09/157,670 and U.S.
Patent 6,129,029.
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FURTHER ORDERED that if there is a settlement agreement,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR §
1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
CAROL A. SPIEGEL ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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cc (via fax and federal express):
Counsel for Aguilar:
Frank J. McGue, Esq.
10801 N. 32 Streetnd
Suite 5
Phoenix, AZ 85028

Tel: 602-494-0311
Fax: 602-996-8190
Counsel for Watson:
William H. Drummond, Esq.
DRUMMOND & DUCKWORTH
4590 MacArthur Boulevard
Suite 500
Newport Beach, CA 92660
Tel: 949-724-1255
Fax: 949-724-1139