08567564 (B.P.A.I. Mar. 30, 2004)

Ex Parte Kollar

Board of Patent Appeals and InterferencesMar 30, 2004

08567564 (B.P.A.I. Mar. 30, 2004)

0 0 The opinion in support of the decision is not binding precedent of the Board. Paper 22 Filed by: Interference Trial Section Merits Panel Box Interference Filed: Washington, D.C. 20231 30 March 2004 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEAL MAILED AND INTERFERENCES MAR 3 0 2004 REDOX TECHNOLOGIES, INC., PAT. & T.M. OFFICE Junior Party, BOARD OF PATENT APPEALS (U.S. Application 08/567,564), AND INTERFERENCES V. DANIEL B, POURREAU, HAVEN S. KESLING, JR. FRANK J. LIOTTA, JR. and JEFFREY M. McFARLAND Senior Party (U.S. Patent 5,371,298). Patent Interference No. 105,011 Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and TORCZON, Administrative Patent Judges. SCHAFER, Administrative Patent Judg JUDGMENT - RULE 640 A panel of the Board has issued a decision holding all of the parties' involved claims unpatentable over prior art. Paper 21. Without any patentable claims there is no basis upon which to form a count suitable for determining priority and, therefore, no basis for proceeding to the priority phase of the interference. Accordingly, it is appropriate to enter judgment against both parties at this time. It is ORDERED that judgment as to the subject matter of Counts 1, 2 and 3 (Paper 1, p. 5) is awarded against Junior Party, REDOX TECHNOLOGIES, INC.; FURTHER ORDERED thatjunior party, REDOX TECHNOLOGIES, INC., is not entitled to a patent containing claims 1, 4, 7, 8, 11, 14, and 15 (corresponding to Count 1); claims 2, 5, 9, 12, and 16 (corresponding to Count 2); or Claims 3, 6, 10, 13, and 17 (corresponding to Count 3) of Application 08/567,564; FURTHER ORDERED that judgment as to the subject matter of Counts 1, 2 and 3, is awarded against the senior party, DANIEL B. POURREAU, HAVEN S. KESLING, JR., FRANK J. LIOTTA, JR. and JEFFREY M. McFARLAND; FURTHER ORDERED that seniorparty, DANIEL B. POURREAU, HAVEN S. KESLING, JR., FRANK J. LIOTTA, JR. and JEFFREY M. McFARLAND, is not entitled to a patent containing claims 1, 4, and 5 (corresponding to Count 1); claims 2 and 6 (corresponding to Count 2); or Claims 3 and 7 (corresponding to Count 3) of Patent 5,371,298; FURTHER ORDERED that if there is a settlement agreement and it has not already been filed, attention is directed to 35 U.S.C. Â§ 135(c) and 37 CFR Â§ 1.661; and FURTHER ORDERED that a copy ofthe DECISION ON PRELIMINARY MOTION (Paper 2 1) and this JUDGMENT (Paper 22) be assigned paper numbers and be placed in the files of Patent 5,371,298 and Application 08/567,564. FRED McKELVEY Senior Administrative Patent Judge Ã½Ã½ !Ã½' scyo-'Ã½' BOARD OF kICHÃ½,Rffh. SCHAFER PATENT Adminislrati've PItent ge APPEALS AND INTERFERENCES ffCHARD TORCZM Administrative Patent JudgeT -2- cc (via FedEx): John Kollar, Pro Se: John Kollar 6 Spencer Court Wyckoff, NJ 07481 Tel: 201-652-8770 Fax: 201-652-8770 Attorney for Pourreau: Paul E. Crawford CONNOLLY BOVE LODGE & HUTZ LLP 1220 Market Street P. 0. Box 2207 Wilmington, DE 19899 Tel: 302-658-9141 Fax: 302-658-5614 -3-