Ex Parte SeeleyDownload PDFBoard of Patent Appeals and InterferencesApr 26, 200610084700 (B.P.A.I. Apr. 26, 2006) Copy Citation -1- Paper 10 Mail Stop Interference P.O. Box 1450 Filed April 26, 2006 Alexandria Va 22313-1450 Tel: 571-272-9797 Fax: 571-273-0042 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS 1 AND INTERFERENCES 2 3 TODD W. SEELEY 4 Junior Party 5 (Application 10/084,700), 6 7 v. 8 9 TIMOTHY YEN, 10 GORDON CHAN, and SANDRA JABLONSKI 11 Senior Party 12 (Patent 6,593,098). 13 14 Patent Interference No. 105,400) 15 (Technology Center 1600) 16 17 Before Lane, Tierney, and Moore, Administrative Patent Judges. 18 19 Lane, Administrative Patent Judge. 20 21 Judgment - Request for Adverse - Bd.R. 127(b) 22 23 Junior party Seeley has filed a paper in which it states that it is abandoning the 24 contest as to the sole count in the interference. Seeley further states that it has filed a 25 notice of express abandonment in the involved Seeley applicaiton. (Paper 6). 26 Upon consideration of the record and for reasons given, it is 27 ORDERED that judgment on priority as to Count 1, the sole count of the 28 interference, is awarded against junior party TODD W. SEELEY; 1 The involved Seeley application contains claims 4 and 42. The Declaration is ambiguous in that it indicates that Seeley claim 4 corresponds to Count 1 but also indicates that the claim does not correspond to Count 1 and is not involved in the interference. (Paper 1 at 4). A review of the record indicates that claim 4 should not have been designated as corresponding to Count 1 (See, e.g., “Interference Initial Memorandum” attached to the Declaration.). -2- 1 FURTHER ORDERED that junior party TODD W. SEELEY is not entitled 2 to a patent containing claim 42 of application 10/084,700, which claim corresponds to 3 Count 1, the sole count of the interference; 1 4 FURTHER ORDERED that, if there is a settlement agreement, the parties 5 are directed to 35 USC 135(c) and Bd.R. 205; 6 FURTHER ORDERED that a copy of this judgment shall be entered into 7 the administrative records of Seeley’s 10/084,700 and Yen’s 6,593,098 patent. 8 9 10 /ss/Sally Gardner Lane ) 11 Sally Gardner Lane ) 12 Administrative Patent Judge ) 13 ) 14 ) 15 /ss/ Michael P. Tierney ) 16 MICHAEL P. TIERNEY ) BOARD OF PATENT 17 Administrative Patent Judge ) APPEALS AND 18 ) INTERFERENCES 19 ) 20 /ss/ James T. Moore ) 21 JAMES T. MOORE ) 22 Administrative Patent Judge ) 23 -3- 1 cc (via e-mail): 2 3 Lead Counsel for Yen: 4 Kathleen D. Rigaut 5 Dann, Dorfman, Herrell and Skillman P.C. 6 Suite 2400 7 1601 Market Street 8 Philadelphia, PA 19103-2307 E-mail: krigaut@ddhs.com9 10 11 12 Lead Counsel for Seeley: 13 Lisa M. Hemmendinger 14 Banner & Witcoff, Ltd. 15 1001 G. Street, N.W. 16 Washington, DC 20001-4597 Email: lhemmendinger@bannerwitcoff.com17 18 19 20 21 22 Copy with citationCopy as parenthetical citation