Ex Parte Goodchild

Board of Patent Appeals and Interferences

Jul 27, 2005

09687427 (B.P.A.I. Jul. 27, 2005)

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Merits Panel Paper 21
Mail Stop Interference
P.O. Box 1450 Filed: 27 July 2005
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
_______________
JOHN GOODCHILD
Junior Party,
(Patent 6,573,072),
v.
NASSIM USMAN,
ROBERT J. CEDERGREN, JEAN-PIERRE PERREAULT,
JING-HUA YANG, and ALEXANDER RICH
Senior Party,
(Application 10/102,094).
______________
Patent Interference No. 105,330
_______________
Before: SCHAFER, MEDLEY, and MOORE, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
Judgment - Bd. R. 127
Goodchild was under an Order To Show Cause why judgment should not be entered
against it (Paper 3). On 20 July 2005, the board received from the party Goodchild a paper
entitled “GOODHILD NOTICE REGARDING ORDER TO SHOW CAUSE” (Paper 20, in
which Goodchild states that it will not contest the Order to Show Cause.
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Accordingly, it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at 5) is awarded
against junior party JOHN GOODCHILD.
FURTHER ORDERED that junior party JOHN GOODCHILD is not entitled to
a patent containing claims 1-10 and 12-36 (corresponding to Count 1) of U.S. patent 6,573,072.
FURTHER ORDERED that a copy of this paper shall be made of record in files
of application 10/102,094 and U.S. Patent 6,573,072.
FURTHER ORDERED that if there is a settlement agreement, attention is
directed to 35 U.S.C. § 135(c) and Bd.R. 205.
/ss/ Richard E. Schafer )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
/ss/ Sally C. Medley )BOARD OF PATENT
SALLY C. MEDLEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
/ss/ James T. Moore )
JAMES T. MOORE )
Administrative Patent Judge )
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cc (via facsimile):
Counsel for GOODCHILD:
Donna M. Meuth, Esq.
WILMER CUTLER PICKERING HALE
and DORR LLP
60 State Street
Boston, MA 02109
Fax: 617-526-5000
Counsel for USMAN:
James F. Haley, Jr., Esq.
1251 Avenue of the Americas
New York, N.Y. 10020
Fax: 212-596-9090