Ex Parte FanDownload PDFBoard of Patent Appeals and InterferencesJan 12, 200510273518 (B.P.A.I. Jan. 12, 2005) Copy Citation The opinion in support of the decision being entered today is not binding precedent of the Board.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. - 2 - 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. - 3 - 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 ) - 4 - 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 Copy with citationCopy as parenthetical citation