Ex Parte Tieken

Board of Patent Appeals and Interferences

Sep 16, 2003

08725936 (B.P.A.I. Sep. 16, 2003)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
This opinion (1) was not written for publication and (2) is not binding precedent of
the Board.
Paper 19
Filed by: Interference Trial Section Merits Panel
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UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
7
JAMES B. TIEKEN, 7,
Junior Party,
(Patent 6,274,062), KP 1 6 2003
V.
GEORGE H. GOBLE,
Senior Party,
(Application 08/611,258).
Patent Interference No. 105,132
Before: SCHAFER, TORCZON and NAGUMO, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662(a)
Senior party Goble has filed a paper (Paper 18) that abandons "the contest as to the existing
Count and requests adverse judgment as to the Count and as to the Goble claims designated as
corresponding to the Count." Accordingly, it is
ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, p. 3), is
awarded against the senior party GEORGE H. GOBLE,
FURTHER ORDERED that senior party, GEORGE H. GOBLE, is not entitled to a patent
containing claims 4, 84, 85, 87-89 (corresponding to Count 1) of Application 08/611,258;
FURTHER ORDERED that a copy of this judgment be made of record in Application
08/611,258 and in the file of Patent 6,274,062; and
FURTHER ORDERED that if there is a settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
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E. SCHAýERýý)
Administrative Patent Judge
BOARD OF PATENT
'RICHARD TOKeZ-O-N APPEALS AND
Administrative Patent JuJ6 INTERFERENCES
-MARK NAGUMQr
Administrative ntJudge
cc (via Facsimile):
Attorney for TIEKEN: Attorney for GOBLE:
Lawrence A. Steward, Esq. Clifford W. Browning, Esq.
BRINKS HOFER GILSON & LIONE WOODARD, EMHARDT, NAUGHTON,
One Indiana Square, Suite 1600 MORIARTY & McNETT LLP
Indianapolis, IN 46204 Bank One Center/Tower
I I I Monument Circle, Suite 3700
Indianapolis, IN 46204-5137
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