Ex Parte Nelken

Board of Patent Appeals and Interferences

Aug 3, 2005

09602588 (B.P.A.I. Aug. 3, 2005)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel ?aper No. 42
Mail Stop INTERFERENCE Entered August 3, 2005
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 223 13-1450
Tel: 571-272-9797 Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
YORAM NELKEN FAXED
Junior Party
(Patent 6,408,277)' MJG 3
V. 94.r OITICE
rAPPEALS
SOWD Of PXTEV
ERIC HORVITZ
Senior Party
(Application 09/364,527)2
Patent Interference No. 105,248
Before LEE, MEDLEY and NAGUMO, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment - Rd. Rule 127(b)
Based on Application 09/602,588, filed June 21, 2000. The real party in interest is iPhrase Technologies, Inc.
2 Filed July 30, 1999. The real party in interest is Microsoft Corporation.
Interference No. 105,248
Nelkin v. Horvitz
Neither party filed a non-priority substantive motion by the due date for such motions,
July 19, 2005. On July 18, 2005, junior party Nelkin filed a paper (Paper No. 47) requesting
entry of adverse judgment against junior party Nelkin. The request is granted. Itis
ORDERED that judgment as to the subject matter of Count I is herein entered against
junior party YORAM NELKIN;
FURTHER ORDERED that junior party YORAM NELKIN is not entitled to its patent
claim I which corresponds to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the par-ties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
FURTHER ORDERED that a copy of thisjudgment be placed in the respective
involved application or patent of the parties.
/ss/ Jameson Lee
JAMESON LEE
Administrative Patent Judge
/ss/ Sally C. Medley BOARD OF PATENT
SALLY C. MEDLEY APPEALS
Administrative Patent Judge AND
INTERFERENCES
/ss/ Mark Nagurno
MARKNAGUMO
Administrative Patent Judge
-2-
Interference No. 105,248
Nelkin v. Horvitz
By Facsimile:
Counsel for NELKIN:
617-452-1666 (Fax)
Michael R. McGurk, Esq.
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
55 Cambridge Parkway
Cambridge, MA 02142
Counsel for HORVITZ:
202-778-6150 (Fax)
R. Danny Huntington, Esq.
BINGHAM McCUTCHEN LLP
1120 20" Street, NW, Suite 800
Washin.-ton, DC 20036-3406
-3-