Elbert et al.v.LovetteDownload PDFBoard of Patent Appeals and InterferencesMay 25, 201110617313 (B.P.A.I. May. 25, 2011) Copy Citation 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 Copy with citationCopy as parenthetical citation