Ex Parte 7,207,392 et al

Patent Trials and Appeals Board

Sep 27, 2013

95001553 - (O) (P.T.A.B. Sep. 27, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
95/001,553 02/22/2011 7,207,392 7289
34313 7590 08/25/2015
ORRICK, HERRINGTON & SUTCLIFFE, LLP
IP PROSECUTION DEPARTMENT
2050 Main Street, Suite 1100
IRVINE, CA 92614
EXAMINER
GRAHAM, MATTHEW C
ART UNIT PAPER NUMBER
3993
MAIL DATE DELIVERY MODE
08/25/2015 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

AIRBUS S.A.S.
Requester and Respondent

v.

FIREPASS CORPORATION
Patent Owner and Appellant
____________

Appeal 2013-008174
Reexamination Control No. 95/001,553
U.S. Patent No. 7,207,392 B2
Technology Center 3900
____________

ORDER REMANDING TO EXAMINER
On September 30, 2013, the Patent Trial and Appeal Board entered a
decision affirming in part the Patent Owner’s Appeal and dismissing the
Requestor’s cross-appeal in the Reexamination No. 95/001,553 of U.S.
Patent No. 7,207,392 B2. On October 30, 2013, the Requester filed a
Request for Rehearing of the Board’s Dismissal of Requester’s Cross
Appeal with Respect to Claim 27 of U.S. Patent No. 7,207,392.
On July 17, 2015, the United States Court of Appeals For The Federal
Circuit rendered judgment in related Appeal No. 2013-008166 of
Reexamination No. 95/001,555, involving U.S. Patent No. 6,418,752 B2.
Appeal No. 2013-008166 involved the same parties and involved similar
issues as the present Appeal No. 2013-008174. The court vacated and
Appeal 2013-008174
Reexamination Control No. 95/001,553
Patent 7,207,392 B2

2
remanded the decision of the Patent Trial and Appeal Board in Appeal No.
2013-008166. The decision of the court determined that the Board erred in
dismissing Airbus S.A.S.’s cross-appeal for lack of jurisdiction.

Because the present appeal 2013-008174 involves similar issues as
Appeal No. 2013-008166, the present reexamination is also remanded to the
Examiner for further proceedings consistent with the holding of the United
States Court of Appeals For The Federal Circuit.

If there any questions pertaining to this Order, please contact the Patent
Trial and Appeal Board at 571-272-9797.

peb

PATENT OWNER:

ORRICK, HERRINGTON & SUTCLIFFE, LLP
IP Prosecution Department
2050 Main Street, Suite 1100
Irvine, CA 92614

THIRD PARTY REQUESTER:

KENYON & KENYON LLP
One Broadway
New York, NY 10004