Ex Parte STEARNS

Board of Patent Appeals and Interferences

Mar 16, 2006

08596081 - (J) (B.P.A.I. Mar. 16, 2006)

Filed February 6, 1996.1
Based on Application 09/103,260, filed June 23, 1998. Accorded the benefit of Application 08/408,934, filed March2
23, 1995. The real party in interest is Mechtronics Corporation and Donna Stearns.
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 72
Mail Stop INTERFERENCE Entered: March 16, 2006
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
_______________
DONNA STEARNS
Junior Party
(Application 08/596,081)1
v.
CHRISTOPHER S. ANDERSON, LOIS J. FALCONE, ARTHUR L. TORRENCE,
CARY A. CIECIUCE, ANTHONY C. SQUITIERI and DONNA M. STEARNS
Senior Party
(Reissue Patent RE 38463)2
_______________
Patent Interference No. 105,286
_______________
Before LEE, MOORE and NAGUMO, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Merits – Bd. Rule 127
Interference No. 105,286
Stearns v. Anderson
-2-
Junior party Stearns’ Substantive Motion 2 for priority has been granted (Paper No. 71).
Accordingly, it is now time appropriate to enter judgment against the senior party.
It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
senior party CHRISTOPHER S. ANDERSON, LOIS J. FALCONE, ARTHUR L. TORRENCE,
GARY A. CIECIUCE, ANTHONY C. SQUITIERI and DONNA M. STEARNS;
FURTHER ORDERED that senior party CHRISTOPHER S. ANDERSON, LOIS J.
FALCONE, ARTHUR L. TORRENCE, GARY A. CIECIUCE, ANTHONY C. SQUITIERI and
DONNA M. STEARNS is not entitled to its involved reissue patent claims 1-9;
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.
Interference No. 105,286
Stearns v. Anderson
-3-
/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/ Mark Nagumo )
MARK NAGUMO )
Administrative Patent Judge )
Interference No. 105,286
Stearns v. Anderson
-4-
By Electronic Transmission:
Lead Counsel for Junior Party Stearns:
tbreiner@bbpatlaw.com
mbreiner@bbpatlaw.com
Theodore A. Breiner, Esq.
115 North Henry Street
Alexandria, Virginia 22314
Lead Counsel for Senior Party Anderson:
wsperanza@wiggin.com
tgangemi@wiggin.com
William J. Speranza, Esq.
Wiggin and Dana LLP
One Century Tower
New Haven, Connecticut 06508-1832