Elbert et al.v.Lovette

Board of Patent Appeals and Interferences

May 25, 2011

10617313 (B.P.A.I. May. 25, 2011)

BoxInterference@uspto.gov Paper 34
Telephone: 571-272-4683 Filed: May 25, 2011

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

DONALD L. ELBERT and MICHELLE K. MORRIS
Junior Party
(Patent 6,813,470)1

v.

JOSEPH LOVETTE
Senior Party
(Application 11/162,048)2

Patent Interference No. 105,793
(Technology Center 2800)

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

LEE, Administrative Patent Judge.

Judgment – Request for Adverse – Bd. R. 127(b)

1 Based on Application 10/617,313, filed July 10, 2003. The real party in
interest is Lexmark International, Inc.

2 Filed August 26, 2005. The real party in interest is Foamex Innovations
Operating Company. Accorded the benefit of Application 10/601,088, filed June
20, 2003, now Patent 7,005,458, issued February 28, 2006.
Interference No. 105,793
Elbert v. Lovette

-2-
On May 24, 2011, senior party Lovette filed a paper requesting entry of 1
adverse judgment against senior party Lovette. 2
The request is herein granted. 3
It is 4
ORDERED that judgment on priority as to Count 1 is entered against senior 5
party JOSEPH LOVETTE; 6
FURTHER ORDERED that involved application claim 28 of senior party’s 7
Application 11/162,048 is Finally Refused; 8
FURTHER ORDERED that the parties shall note the requirements of 9
35 U.S.C. §135(c) and Bd.R. 205; and 10
FURTHER ORDERED that a copy of this judgment shall be entered into 11
the file of Patent 6,813,470, and Application 11/162,048. 12

Interference No. 105,793
Elbert v. Lovette

-3-
By Electronic Transmission:

Attorneys for Junior Party Elbert:

Joseph M. Skerpon, Esq.
Timothy C. Meece, Esq.
BANNER & WITCOFF, LTD.
jskerpon@bannerwitcoff.com
tmeece@bannerwitcoff.com

Attorneys for Senior Party Lovette:

Robert G. McMorrow, Jr., Esq.
Patricia Smink Rogowski, Esq.
CONNOLLY, BOVE, LODGE AND HUTZ LLP
rmcmorrow@cblh.com
progowski@cblh.com