Ex Parte Fuchs

Board of Patent Appeals and Interferences

Apr 18, 2007

09246050 (B.P.A.I. Apr. 18, 2007)

Filed by: Merits Panel Paper 9
Mail Stop Interference
P.O. Box 1450 Filed: April 18, 2007
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

JONATHAN D. BUCKLEY, TONY A. HANCOCK,
and AUSTIN D. PYLE
Junior Party
(Application 09/270,461),

v.
RUDOLPH FUCHS
Senior Party
(Patent 6,293,039).
Patent Interference No. 105,548 (SCM)
(Technology Center 2600)

Before: SCHAFER, LANE, and MEDLEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
Judgment - Bd.R. 127(b)
On 27 March 2007, the Board ordered Fuchs to show cause why judgment
should not be entered against it (Paper 8). Fuchs did not file a response.
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On 13 April 2007, Board personnel Maria Vignone spoke with Mr. Logsdon,
who is said to represent the party Fuchs. Mr. Logsdon informed Ms. Vignone that
Fuchs would not file a response to the show cause order.

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Accordingly, it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the
interference is awarded against senior party RUDOLPH FUCHS.
FURTHER ORDERED that senior party RUDOLPH FUCHS is not
entitled to a patent containing claims 1-19 (corresponding to Count 1) of U.S.
Patent 6,293,039.
FURTHER ORDERED that a copy of this paper shall be made of record in
the files of application 09/270,461 and U.S. Patent 6,293,039.
FURTHER ORDERED that if there is a settlement agreement, attention is
directed to 35 U.S.C. ' 135(c) and Bd.R. 205.

/Richard E. Schafer/ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
/Sally G. Lane/ )BOARD OF PATENT
SALLY G. LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
/Sally C. Medley/ )
SALLY C. MEDLEY )
Administrative Patent Judge )

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cc (via first class mail):

Attorney for Buckley:
Christopher W. Day, Esq.
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
901 New York Avenue, N.W.
Washington, D.C. 20001-4413
Tel: 202-408-4000

Attorney for Fuchs:
William Logsdon, Esq.
THE WEBB LAW FIRM, P.C.
700 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
Tel: 412-471-8815