Chanv.Weiler

Board of Patent Appeals and Interferences

Jun 30, 2011

09248812 (B.P.A.I. Jun. 30, 2011)

BoxInterference@uspto.gov Paper 26
Telephone: 571-272-4683 Filed: June 30, 2011

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

ANDREAS WEILER
Junior Party
(Patent No. 6,264,694)1

v.

KWAN-HO CHAN
Senior Party
(Application 10/202,985)2

Patent Interference No. 105,796
(Technology Center 3700)

Before: JAMESON LEE, SALLY G. LANE, and MICHAEL P. TIERNEY,
Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment – Order to Show Cause – Bd. R. 202(d)
1
1 Based on Application 09/248,812, filed February 11, 1999. The real party in
interest is Linvatec Corporation.

2 Filed on July 24, 2002. Accorded the benefit of Application 09/315,918, filed
May 20, 1999, Provisional Application 60/125,745, filed March 23, 1999, and
Provisional Application 60/086,329, filed May 21, 1998.
Interference No. 105,796
Weiler v. Chan

-2-
On May 26, 2011, junior party Weiler was ordered to show cause why 1
judgment should not be entered against the junior party in this interference for not 2
having filed a preliminary statement. On June 9, 2011, junior party Weiler 3
requested entry of adverse judgment. (Paper 25.) The request is herein granted. 4
Accordingly, it is time appropriate to enter judgment against junior party 5
Weiler. 6
It is 7
ORDERED that judgment on priority as to Count 1 is entered against junior 8
party ANDREAS WEILER; 9
FURTHER ORDERED that involved claims 4-11 of junior party’s Patent 10
6,264,694 are herein cancelled; 11
FURTHER ORDERED that the parties shall note the requirements of 12
35 U.S.C. §135(c) and Bd.R. 205; and 13
FURTHER ORDERED that a copy of this judgment shall be entered into 14
the file of Patent 6,264,694, and Application 10/202,985. 15

Interference No. 105,796
Weiler v. Chan

-3-
By Electronic Transmission:

Counsel for Junior Party Weiler:

James R. Muldoon, Esq.
Marjama Muldoon Blasiak & Sullivan LLP
jmuldoon@cny-iplaw.com

Gene Warzecha, Esq.
Linvatec Corporation
gwarzecha@linvatec.com

Counsel for Senior Party Chan:

Mark J. Pandiscio, Esq.
Margaret M. Carley, Esq.
Scott R. Foster, Esq.
Pandiscio & Pandiscio, P.C.
mpandiscio@pandisciolaw.com
mcarley@pandisciolaw.com
sfoster@pandisciolaw.com