Ex Parte Fan

Board of Patent Appeals and Interferences

Jan 12, 2005

10273518 (B.P.A.I. Jan. 12, 2005)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 172
Filed by: Merits Panel
Mail Stop Interference Filed
P. O. Box 1450
Alexandria, VA 22313-1450 12 January 2005
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JUAN ENRIQUE ROMERO LANUZA and
JOHN LAWRENCE SERNYK,
Junior Party,
(Patent 6,169,190 B1),
v.
ZHEGONG FAN,
Senior Party
(Application 10/273,518).
_______________
Patent Interference 105,162 (McK)
_______________
Before: McKELVEY, Senior Administrative Patent Judge,
and SCHAFER and POTEATE, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
JUDGMENT
Upon consideration of Lanuza Preliminary Motion 4 and Fan
Preliminary Motions 6 and 7, and for the reasons given in the
DECISION ON PRELIMINARY MOTIONS (Paper 171), it is
ORDERED that Fan Miscellaneous Motion 10 (Paper 156)
seeking to withdraw Fan Preliminary Motion 4 (Paper 88) is
granted.
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FURTHER ORDERED that Fan Miscellaneous Motion 11
(Paper 170) seeking to correct "Corrected" Fan Preliminary
Motion 6 (104) is dismissed as moot.
FURTHER ORDERED that, inasmuch as Fan admits that
amended Fan claims 17-21 and 23-25 are not patentable to Fan
(Paper 76, page 12), Fan is not entitled to a patent containing
amended Fan claims 17-21 and 23-25 of involved Fan application
10/273,518, filed 18 October 2002.
FURTHER ORDERED that Lanuza Preliminary Motion 4
(Paper 82) is granted.
FURTHER ORDERED that Fan claim 22 does not comply with
the written description requirement of 35 U.S.C. § 112.
FURTHER ORDERED that Fan is not entitled to a patent
containing amended Fan claim 22 of involved Fan application
10/273,518, filed 18 October 2002.
FURTHER ORDERED that Fan Preliminary Motion 6 is
denied.
FURTHER ORDERED that Fan Preliminary Motion 7 is
denied.
FURTHER ORDERED that entry of this judgment constitutes
a final decision in this interference [37 CFR § 41.2--definition
of "final"--reprinted in 69 Fed. Reg. at 50003 (Aug. 12, 2004)].
FURTHER ORDERED that a copy of the DECISION ON
PRELIMINARY MOTIONS and this JUDGMENT shall be placed in the file
of (1) Patent 6,169,190 B1 and (2) application 10/273,518.
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FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 41.205, reprinted in 69 Fed. Reg. at 50019 (Aug. 12, 2004).
______________________________)
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
LINDA R. POTEATE )
Administrative Patent Judge )
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cc (via Federal Express)
Attorney for Lanuza:
Oliver R. Ashe, Jr., Esq.
Michael J. Fink, Esq.
GREENBLUM & BERNSTEIN, PLC
1950 Roland Clarke Place
Reston, VA 20191
Tel: 703-716-1191
Fax: 703-716-1180
Current attorney for Fan:
Mary Ann Dillahunty, Esq.
FISH & RICHARDSON, P.C.
500 Arguello Street
Suite 500
Redwood City, CA 04963
Tel: 650-839-5070
Fax: 650-839-5071
Former attorney for Fan (curtesy copy):
Eugene C. Rzucidlo, Esq.
William G. Todd, Esq.
GREENBERG TRAURIG, LLP
885 Third Avenue
New York, NY 10022-4384
Tel: 212-801-2100
Fax: 212-688-2449