09027943 (B.P.A.I. Sep. 17, 2004)

Ex Parte Gandman

Board of Patent Appeals and InterferencesSep 17, 2004

09027943 (B.P.A.I. Sep. 17, 2004)

The opinion in support of the decision being entered today is not binding precedent of the Board. Filed by: Trial Section Merits Panel Paper No. 52 Mail Stop INTERFERENCE Board of Patent Appeals and Interferences, USPTO P.O. Box 1450 Alexandria, Virginia 22313-1450 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ZALMAN GANDMAN, FAXED Junior Party, (PatentNo. 5,944,961)1 SEP 1 7 2004 V. PAT. & T.M. OFFICE BOARD OF PATENT APPEALS VLADIMIR ANDREEVICH BUSHUEV, ANDINTERFERENCES and JURY SERGEEVICH ZEMTSOV Senior Party (Applications 09/529,117)2 Patent Interference No. 105,109 Before LEE, LANE, and TIERNEY, Administrative Patent Judges. LEE, Administrative Patent Judg Judement - Rule 662 Filed February 23, 1998. 2 Filed August 16, 2000. Accorded the benefit of PCT application PCT/RU98/00146, filed May 18, 1998, and Russian application 97117379, filed October 8, 1997. The real party in interest is Forest Star International, Ltd. Interference No. 105,109 Gandman v. Bushuev Senior party Bushuev has filed a request for entry of adverse judgment (Paper No. 49). The request is supplemented by a copy of a letter (Paper No. 5 1), represented by counsel in a telephone conference with Administrative Patent Judge Lee as being from the real party in interest (see Paper No. 50), directing counsel to abandon Patent Interference No. 105,109 and Application 09/529,117. The request is granted. It is ORDERED that judgment as to the subject matter of Count I is herein entered against senior party VLADIMIR ANDREEVICH BUSHUEV and JURY SERGEEVICH ZEMTSOV; FURTHER ORDERED that senior party VLADIMIR ANDREEVICH BUSHUEV and JURY SERGEEVICH ZEMTSOV is not entitled to its application claims 1-10 and 12-18 which correspond to Count I (see Paper No. 38); FURTHER ORDERED that junior party's pending request for rehearing of the motion panel's decision on preliminary motions is herein dismissed as moot; 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 this judgment be placed in the respective involved application or patent of the parties. -2- Interference No. 105,109 Gandman v. Bushuev t eson Lee ministrative Patent Judge BOARD OF PATENT Sally dardner Lane APPEALS Administrative Patent Judge AND INTERFERENCES Michael P. Tierney Administrative Patent Judge -3- Interference No. 105,109 Gandman v. Bushuev By Facsimile: Attorney for senior party Bushuev: 202-824-3001 (Fax) Joseph A Skerpon Banner & Witcoff, Ltd. 1001 G. Street, N.W. Wash8ington, D.C. 20001-4597 Attorney for junior party Gandman: 212-633-8527 (Fax) Robert W. J. Usher 1133 Broadway# 1515 New York, New York 100 10 -4-