Ex Parte Kain

Board of Patent Appeals and Interferences

Nov 15, 2004

10437379 (B.P.A.I. Nov. 15, 2004)

1 Based on Application 09/864,427, filed May 24, 2001.
2 Filed May 14, 2003. Accorded the benefit of Application 10/074,637, filed
February 13, 2002, Application 60/307,909, filed July 26, 2001, and Application 60/269,596,
filed February 16, 2001.
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entered today is not binding precedent of the Board.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. 45
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
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
_______________
RICHARD CONE
Junior Party,
(Patent No. 6,543,846)1
v.
JAMES M. KAIN
Senior Party
(Applications 10/437,379)2
_______________
Patent Interference No. 105,236
_______________
Before LEE, LANE, and MEDLEY, Administrative Patent Judges.
LEE, Administrative Patent Judge.
Judgment – Rule 41.206
Interference No. 105,236
Cone v. Kain
- 2 -
On October 29, 2004, party Kain gave notice (Paper 42) to the board that the real party in
interest of both junior party’s involved patent and senior party’s involved application are now
the same, Cosco Management, Inc. On November 3, 2004, the common assignee, Cosco
Management Inc., filed a request for entry of adverse judgment (Paper 44) against senior party
Kain. The request is granted. It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
senior party JAMES M. KAIN;
FURTHER ORDERED that senior party JAMES M. KAIN is not entitled to its
application claims 41-51 which correspond to Count 1;
FURTHER ORDERED that junior party Cone’s priority brief (Paper 31), insofar as it is
regarded as a motion for priority, is dismissed as moot;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 41 CFR § 1.205; and
FURTHER ORDERED that a copy of this judgment be placed in the respective
involved application or patent of the parties.
Interference No. 105,236
Cone v. Kain
- 3 -
)
Jameson Lee )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
Sally Gardner Lane ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
Sally C. Medley )
Administrative Patent Judge )
Interference No. 105,236
Cone v. Kain
- 4 -
By Facsimile:
Attorney for junior party Gone:
703-413-2220 (Fax)
Charles L. Gholz, Esq.
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, P.C.
1940 Duke Street
Alexandria, Virginia 22314
Attorney for senior party Kain:
202-289-1330 (Fax)
Richard B. Lazarus, Esq.
Barnes & Thornburg
750 17th Street, N.W.
Suite 900
Washington, D.C. 20006