Barksby et al.v.Onder

Board of Patent Appeals and Interferences

Jul 27, 2011

11125443 (B.P.A.I. Jul. 27, 2011)

BoxInterferences@uspto.gov Paper 20
Telephone: 571-272-4683 ENTERED: 27 July 2011

UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES

Patent Interference No. 105,812

BAYER MATERIALSCIENCE LLC
(11/125,443),
Junior Party,

v.

LUBRIZOL ADVANCED MATERIALS, INC.
(6,734,273),
Senior Party.

Before: RICHARD E. SCHAFER, RICHARD TORCZON and SCOTT R.
BOALICK, Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127(b)
on request

The junior party (Bayer) has requested entry of adverse judgment
against itself.1 The request is GRANTED. The telephone hearing scheduled
for 28 July 2011 is CANCELLED.

1 Paper 18.
Interference No. 105,812 Page 2

Judgment is ENTERED AGAINST Bayer for count 12 and
Claims 1-30 of Bayer's involved 11/125,443 application are
FINALLY REFUSED.3
A copy of this judgment will be entered in the administrative records
of the involved patent and the involved application.

cc:

Paul E. Crawford and Robert G. McMorrow, Jr., CONNOLLY BOVE LODGE &
HUTZ LLP, of Wilmington, Delaware.

Jill M. Browning and Michael J. Fink, GREENBLUM & BERNSTEIN, P.L.C., of
Reston, Virginia.

2 Paper 1 at p. 3.
3 35 U.S.C. 135(a).