09998291 (B.P.A.I. Feb. 15, 2002)

Ex Parte Peters

Board of Patent Appeals and InterferencesFeb 15, 2002

09998291 (B.P.A.I. Feb. 15, 2002)

$S The opinion in support of the decision being entered today is not binding precedent of the Board. Paper 29 Filed by: Interference Trial Section Merits Panel Box Interference Filed: Washington, D.C. 20231 15 February 2002 Tel- 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE TIM BOARD OF PATENT "PEALS AND INTERFERENCES FAXED SANJAY TYAGI, FRED R. KRAMER and SALVATORE A. E. MARRAS FEB 15 2002 Junior Party, PAT. & TM. OFFICE (Patent 6,037,130), BOARD OF PATENT APPEALS ANDINTERFERENCES V. RICHARD L. EICHHOLZ, PARKE K. FLICK, ALAN WAGGONER and GERARD BROPHY Senior Party, (Application 08/998,291). Patent Interference No. 104,Ã½50 Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judges. SCHAFER, Administrative Patent Judge. JUDGMENT PURSUANT TO 37 CFR Â§ 1.662 Senior party Eichholz has filed a paper (Paper 28) abandoning "the contest pursuant to 37 C.F.R.-Â§-1.662(a)." Accordingly, itis ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, pÃ½ 5), is awarded against the senior party, RICHARD L. EICHHOLZ, PARKE K. FLICK, ALAN WAGGONER and GERARD BROPHY; FURTHER ORDERED that senior party, RICHARD L. EICHHOLZ, PARKE K. FLICK, ALAN WAGGONER and GERARD BROPHY, is not entitled to a patent containing claim 20 (corr esponding to Count 1) of Application 08/998,29 1; FURTHER ORDERED that a copy of this judgmelt be made of record in Application 08/998,291 and in the file of Patent 6,037,130 ; and FURTHER ORDERED that if there is a any settlement agreement which has not been filed, attention is directed to 35 U.S.C. Â§ 135(c) and 37 CFR Â§ 1.661. RICHARD E. SCHAFEF.1 Administrative Patent Judge BOARD OF PATENT XNUÃ½SbN LEt APPEALS AND (JÃ½Administrative Patent Judge INTERFERENCES CAROL A. sP&GVfL Administrative Patent Judge cc (by Fax): Attorney for Tyagi: Attorney for Eichholz: William J. Hone Jeffrey S. Sharp FISH & RICHARDSON M A R S H A L L, O'T 0 0 L E, 45 Rockefeller Plaza GERSTEIN, MURRAY & BORUN New York, NY 10111 6300 Sears Tower 23 3 South Wacker Drive Fax: 212-258-2291 Chicago, IL 60606-6402 Fax: 312-474-0448