Ex Parte NashDownload PDFBoard of Patent Appeals and InterferencesOct 27, 200609260957 (B.P.A.I. Oct. 27, 2006) Copy Citation 1 Merits Panel Paper 90 1 Mail Stop Interference 2 P.O. Box 1450 Filed: 27 October 2006 3 Alexandria Va 22313-1450 4 Tel: 571-272-4683 5 Fax: 571-273-0042 6 7 UNITED STATES PATENT AND TRADEMARK OFFICE 8 _______________ 9 10 BEFORE THE BOARD OF PATENT APPEALS 11 AND INTERFERENCES 12 _______________ 13 14 KENNETH L. NASH 15 Junior Party 16 (Patent 6,449,645), 17 18 v. 19 20 AIDAN T. HUGHES and DAVID PEARCE 21 Senior Party 22 (Application 09/859,915). 23 _______________ 24 25 Patent Interference No. 105,356 26 _______________ 27 28 29 Before: BARRETT, LEE, and MEDLEY, Administrative Patent Judges. 30 31 MEDLEY, Administrative Patent Judge. 32 33 Judgment – Bd.R. 127 34 The preliminary motions filed in the interference have been decided (Paper 89). 35 Nash did not file a priority statement and agreed during oral argument that there would 36 not be a priority contest (Paper 88, transcript page 5, lines 7-13). Judgment is entered 37 against Nash. 38 Accordingly, it is 39 ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) the sole count 40 in the interference is awarded against junior party KENNETH NASH. 41 2 FURTHER ORDERED that KENNETH NASH is not entitled to a patent 1 containing claims 1-4, 7-13, 17 and 18 (corresponding to Count 1) of U.S. patent 2 6,449,645. 3 FURTHER ORDERED that a copy of this paper shall be made of record in the 4 files of application 09/859,915 and U.S. Patent 6,449,645. 5 FURTHER ORDERED that if there is a settlement agreement, attention is 6 directed to 35 U.S.C. § 135(c) and Bd.R. 205. 7 8 /Lee E. Barrett/ ) 9 LEE E. BARRETT ) 10 Administrative Patent Judge ) 11 ) 12 ) 13 /Jameson Lee/ ) BOARD OF PATENT 14 JAMESON LEE ) APPEALS AND 15 Administrative Patent Judge ) INTERFERENCES 16 ) 17 ) 18 /Sally C. Medley/ ) 19 SALLY C. MEDLEY ) 20 Administrative Patent Judge ) 21 22 23 cc (via e-mail): 24 25 david@andersonlawfirm.com 26 knash@houston.rr.com 27 danny.huntington@bingham.com 28 bill.hughet@bingham.com 29 Copy with citationCopy as parenthetical citation
