Ex Parte Hodgen

Board of Patent Appeals and Interferences

Aug 31, 2005

08617048 (B.P.A.I. Aug. 31, 2005)

Paper 107
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UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Patent Interference No. 105,227
GARY D. HODGEN
(5,691,314),
Junior Party,
v.
MARC B. GARNICK,
CHRISTOPHER J. MOLINEAUX, AND MALCOLM L. GEFTER
(09/197,595),
Senior Party.
Entered: 31 August 2005
Judgment - Bd. R. 127 - Priority
Before GRON, TORCZON, and MOORE, Administrative Patent Judges.
PER CURIAM.
In view of the decision (Paper 106) on Hodgen's response to the order to show
cause, judgment is now entered against Hodgen.
JUDGMENT
JUDGMENT on priority is entered against Hodgen for the subject matter of
Count 2, the sole count in the interference;
CLAIMS 1-7 and 10-14 of Hodgen's involved 5,691,314 patent, which correspond
to Count 2, shall be canceled; and
A COPY of this judgment shall be entered in the administrative records of
Garnick's 09/197,595 application and Hodgen's 5,691,314 patent.
Interference No. 105,227
Hodgen v. Garnick Page 2
Paper 107
Notice: Agreements and understandings regarding the termination of an interference
are subject to filing requirements under 35 U.S.C. 135(c).
Notice: In the event of judicial review, note the requirements of Bd. R. 8(b).
cc (via electronic mail):
For Hodgen: Edward A. Meilman and Charles E. Miller of DICKSTEIN SHAPIRO MORIN &
OSHINSKY, LLP, New York City, New York.
For Garnick: Jane E. Remillard and Giulio A. DeConti of LAHIVE & COCKFIELD, LLP,
Boston, Massachusetts.