Eugsterv.Khachik

Board of Patent Appeals and Interferences

Dec 8, 2003

10240172 (B.P.A.I. Dec. 8, 2003)

Paper 9
Filed by: Trial Section Merits Panel
Mail Stop Interference
P. O. Box 1450
Alexandria, VA 22313-1450
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
CONRAD HANS EUGSTER,
RICARDO MONTOYA-OLVERA, and
JOSE-ODON TORRES-QUIROGA
Junior Party,
(Patent 6,420,614),
v.
FREDERICK KHACHIK
Senior Party
(Application 10/240,172).
______________
Patent Interference No. 105,164
_______________
Before SPIEGEL, LANE, and MEDLEY, Administrative Patent Judges.
LANE, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Eugster has filed a paper entitled “ EUGSTER ET AL., WITHDRAWAL FROM
INTERFERENCE CONTEST” (Paper 8). In the paper Eugster states that it “has determined to
withdraw from the interference contest” (Paper 8 at 2). We treat Eugster’s statement as an
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abandonment of the interference contest and thus as a request by Eugster for entry of adverse
judgment as to all its claims corresponding to the count. 37 CFR § 1.662(a).
Upon consideration of the record of the interference, it is
ORDERED that judgment as to Count 1, the sole count in the interference, is
awarded against junior party CONRAD HANS EUGSTER, RICARDO MONTOYA-OLVERA,
and JOSE-ODON TORRES-QUIROGA;
FURTHER ORDERED that junior party, CONRAD HANS EUGSTER,
RICARDO MONTOYA-OLVERA, and JOSE-ODON TORRES-QUIROGA is not entitled to a
patent containing claims 1-26 of patent 6,420,614 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties’
attention is directed to 35 USC § 135(c);
FURTHER ORDERED that a copy of this judgment be given a paper number
and be entered in the administrative records of Eugster’s 6,420,614 patent and Khachik’s
10/240,172 application; and
FURTHER ORDERED that the conference call scheduled for 8 January 2004,
is CANCELLED.
______________________________ )
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CAROL A. SPIEGEL )
Administrative Patent Judge )
)
)
)
______________________________ ) BOARD OF PATENT
SALLY GARDNER LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
______________________________ )
SALLY C. MEDLEY )
Administrative Patent Judge )
cc (via facsimile and first class mail):
Attorney for Eugster (real party in interest:
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Industrial Organica, S.A.DE C.V.):
Jay S. Cinamon, Esq.
ABELMAN, FRAYNE & SCHWAB
150 East 42nd Street
New York, N.Y. 10017
Fax: 212-949-9190
Attorney for Khachik (real party in interest:
University of Maryland, College Park):
Robert W. Esmond, Esq.
1100 New York Avenue, N.W.
Washington, D.C. 20005-3934
Fax: 202-371-2540