Ex Parte Pace

Board of Patent Appeals and Interferences

Dec 16, 2005

10029336 (B.P.A.I. Dec. 16, 2005)

Filed December 20, 2001. The real party in interest is Koninklijke Philips Electronics N.V.1
Filed September 10, 2002. Accorded the benefit of German application 10159395.3, filed December 4, 2001. The2
real party in interest is BRAUN GMBH, wholly owned by THE GILLETTE COMPANY, wholly owned by THE
PROCTOR & GAMBLE COMPANY.
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 22
Mail Stop INTERFERENCE Entered December 16, 2005
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-9797 Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JOHN PACE
Junior Party
(Application 10/029,336)1
v.
ALEXANDER HILSCHER, HANSJORG REICK,
MARTIN STRATMANN, PETER TRAWINSKI,
WOLFGANG VORBECK and ARMIN SCHWARZ-HARTMANN
Senior Party
(Application 10/241,274)2
_______________
Patent Interference No. 105,353
_______________
Before LEE, MOORE and POTEATE, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Bd. Rule 127(b)
Interference No. 105,353
Pace v. Hilscher
-2-
Junior party Pace has requested entry of adverse judgment and expressly abandoned its
involved application. (Paper No. 21). The request is herein granted.
It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
junior party JOHN PACE;
FURTHER ORDERED that junior party JOHN PACE is not entitled to its application
claims 1-16 and 18-24;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
FURTHER ORDERED that a copy of this judgment be placed in the respective
involved application or patent of the parties.
/ss/ Jameson Lee
JAMESON LEE )
Administrative Patent Judge )
)
)
)
/ss/ James T. Moore ) BOARD OF PATENT
JAMES T. MOORE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
/ss/ Linda Poteate )
LINDA POTEATE )
Administrative Patent Judge )
Interference No. 105,353
Pace v. Hilscher
-3-
By Facsimile:
Counsel for Junior Party Pace:
212-692-1020 (Fax)
M. Lisa Wilson, Esq.
DUANE MORRIS LLP
380 Lexington Ave.
New York, New York 10168
Attorney for senior party Hilscher:
617-542-8906 (Fax)
J. Peter Fasse, Esq.
Fish & Richardson P.C.
225 Franklin Street
Boston, Massachusetts 02110