09027867 (B.P.A.I. Sep. 13, 2004)

Ex Parte Carroll

Board of Patent Appeals and InterferencesSep 13, 2004

09027867 (B.P.A.I. Sep. 13, 2004)

The opinion in support of the decision being entered today is not binding precedent of the Board. Filed by: Merits Panel Paper No. 83 Mail Stop INTERFERENCE Board of Patent Appeals and Interferences United States Patent and Trademark Office P. 0. Box 1450 Alexandria, Virginia 22313-1450 Tel: 703-308-9793 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES FRANCIS C. CARROLL FAXED Junior Party (Patent Nos. 5,794,367 and 6,530,162)' SEP 13 2W4 V. PAT & TV. OFFICE BOARD bF PATENT APPEALS FARIS W. MeMULLIN ANt) 114TEFZFERENCCS Senior Party (Application 09/246,325 )2 Patent Interference No. 105,146 Before FLEMING, LEE and MEDLEY, Administrative Patent Judges. LEE, Administrative Patent Judge. JUDGMENT- RULE 640 Patent No. 5,794,367 was filed February 20, 1997. Patent No. 6,530,162 was filed February 23, 1998. With respect to Patent No. 6,530,162, the junior party has been accorded benefit of the earlier filing date of Patent No. 5,794,367. Junior party's real party in interest is Greenkeepers of Delaware, LLC. 2 Filed September 2, 1999. Accorded the benefit of Application 09/209,252, filed December 10, 1998, Application 08/823,901, filed March 2, 1997, and Provisional Application 60/034,328, filed December 20, 1996. The real party in interest is Softspikes, LLC. Interference No. 105,146 Carroll v. McMullin Based on our decision on preliminary motions issued in a concurrent paper, it is now appropriate for entry of judgment. It is ORDERED that judgment is herein entered against senior party FARIS W. McM-ULLIN; FURTHER ORDERED that senior party FARIS W. McMULLIN is not entitled to his claims 61-81 which correspond to the count; FURTHER ORDERED that if there is a settlement agreement, the parties should note the requirements of 35 U.S.C. Â§ 135(c) and 37 CFR Â§ 1.666; and FURTHER ORDERED that a copy of thisjudgment be filed in the respective involved application or patent of the parties. MichaelR. Fleming Administrative Patent Judge BOARD OF PATENT eson Lee APPEALS (Zdri inistrative Patent Judge AND INTERFERENCES Ã½'Ã½ally C. Medley Administrative Patent Judge -2- Interference No. 105,146 Carroll v. McMullin By Facsimile: Attorney for junior party Carroll: 202-572-8398 (Fax) Victor M. Wigman, Esq. Blank Rome LLP Watergate 600, 111 Floor, 600 New Hampshire Avenue, N.W. Washington, D.C. 20037-2485 Attorney for senior party McMullin: 312-554-3301 (Fax) Keith V. Rockey, Esq. Wallenstein, Wagner & Rockey, Ltd. 311 South Wacker Drive 531 Floor Chicago, Illinois 60606-6630 -3 -