Ex Parte Cording

Board of Patent Appeals and Interferences

Apr 7, 2005

10400067 (B.P.A.I. Apr. 7, 2005)

Filed on March 27, 2003. Accorded the benefit of Application 09/909,262, filed July 19, 2001. The real party in1
interest is AFG Industries, Inc.
Based on Application 09/877,697, filed June 9, 2001. The real party in interest is Anthony, Inc.2
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 66
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-4626 Fax: 571-272-0943
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
CHRISTOPHER R. CORDING
Junior Party
(Application 10/400,067)1
v.
RICHARD J. RICHARDSON
and BENNIE REED DOWNING
Senior Party
(Patent No. 6,606,832)2
_______________
Patent Interference No. 105,224
_______________
Before LEE, MEDLEY and MOORE, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Motions – Bd. Rule 127
On April 1, 2005, in a decision on preliminary motions we held that all of junior party
Cording’s claims corresponding to the count are unpatentable over prior art and some of senior
party Richardson’s claims corresponding to the count are unpatentable over prior art. Because
Interference No. 105,224
Cording v. Richardson
2
junior party Cording, whose involved case in this interference is an application, is left with no
patentable claim that corresponds to the count, a priority determination is no longer necessary.
Judgment will now be entered. It is
ORDERED that judgment is herein entered against claims 124-138 of junior party
CHRISTOPHER R. CORDING’s involved application 10/400,067, and that junior party
CHRISTOPHER R. CORDING is not entitled to claims 124-138 of its involved application
10/400,067;
FURTHER ORDERED that judgment is herein entered against claims 8-10 and 27 of
senior party RICHARD J. RICHARDSON and BENNIE REED DOWNING’s involved Patent
No. 6,606,832, and that senior party RICHARD J. RICHARDSON and BENNIE REED
DOWNING is not entitled to claims 8-10 and 27 of its involved Patent No. 6,606,832;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205;
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
April 7, 2005
Interference No. 105,224
Cording v. Richardson
3
By Facsimile:
Counsel for junior party Cording:
202-783-6031 (Fax)
Martin M. Zoltick, Esq.
ROTHWELL, FIGG, ERNST & MANBECK, P.C.
1425 K Street, N.W.
Suite 800
Washington, D.C. 20005
Counsel for senior party Richardson:
650-849-6666 (Fax)
Jerry D. Voight, Esq.
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
700 Hansen Way
Palo Alto, California 94304
Interference No. 105,224
Cording v. Richardson
4