Call et al.v.Vijh et al.

Board of Patent Appeals and Interferences

Sep 12, 2011

11231031 (B.P.A.I. Sep. 12, 2011)

BoxInterferences@uspto.gov Paper 25
Telephone: 571-272-4683 ENTERED: 12 September 2011

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

Patent Interference No. 105,800

UNITED SOLAR OVONIC, LLC
(US 7,256,140),
Junior Party,

v.

UNIVERSITY OF TOLEDO
and Xunlight Corporation
(11/578,359),
Senior Party.

Before: JAMESON LEE, RICHARD TORCZON and SALLY GARDNER
LANE, Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127(b)
on request

Interference No. 105,800 Page 2

NOTICE: "Any agreement or understanding between parties to an
interference, including any collateral agreements referred to therein, made in
connection with or in contemplation of the termination of the interference,
shall be in writing and a true copy thereof filed in the Patent and Trademark
Office before the termination of the interference as between the said parties
to the agreement or understanding." 35 U.S.C. 135(c); see also Bd.R. 205
(settlement agreements).
The senior party (Toledo) has requested adverse judgment.1
Accordingly—
Judgment is ENTERED AGAINST Toledo for count 1, the sole
count,2 and
Claims 41-59, 64 and 66-73 of Toledo's involved 11/578,359
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:

Lara C. Kelley and Patrick J. Coyne, FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP, of Washington, DC.

Robert M. Schulman and Jeff B. Vockrodt, HUNTON & WILLIAMS LLP, of
Washington, D.C.

1 Paper 23.
2 Paper 1 at 3.
3 35 U.S.C. 135(a).