Ex Parte Umbeck

Board of Patent Appeals and Interferences

Sep 18, 2006

07575035 (B.P.A.I. Sep. 18, 2006)

Paper 87
Filed by Merits Panel Filed:
Mail Stop Interference 18 September 2006
P.O. Box 1450
Alexandria Va 22313-1450
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

MICHAEL ADANG,
JOHN D. KEMP, and EBRAHIM FIROOZABADY

Junior Party,
(Application 08/461,240),

v.

PAUL F. UMBECK,

Senior Party,
(Patents 5,004,863 and 5,159,135).
_______________

Patent Interference 105,367

Before Schafer; Delmendo, and Lane, Administrative Patent Judges.

Lane, Administrative Patent Judge.

Judgment-Motions–Bd.R. 127
The claims of Adang’s involved application have been held to be unpatentable on
the basis that they do not comply with the written description requirement of 35 U.S.C.
§ 112, ¶1. Accordingly, Adang lacks standing to continue in this interference. (See
Paper 86). Judgment is entered against Adang.
Upon consideration of the record and for reasons given, it is
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ORDERED that judgment is entered against junior party MICHAEL
ADANG, JOHN D. KEMP, and EBRAHIM FIROOZABADY;
FURTHER ORDERED that junior party MICHAEL ADANG, JOHN D.
KEMP, and EBRAHIM FIROOZABADY is not entitled to a patent containing claims 52,
53, 56-58, and 61-63 of application 08/461,240, which claims correspond to Count 1,
the sole count of the interference (Paper 1 at 6);
FURTHER ORDERED that, if there is a settlement agreement, the parties
are directed to 35 USC 135(c) and Bd. R. 205; and
FURTHER ORDERED that a copy of this judgment shall be entered into
the administrative record of Adang’s 08/461,240 application and Umbeck’s 5,004,863
and 5,159,135 patents.

/Richard E. Schafer/ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
/Romulo H. Delmendo/ ) BOARD OF PATENT
ROMULO H. DELMENDO )
Administrative Patent Judge ) APPEALS AND
)
)
/Sally G. Lane/ ) INTERFERENCES
SALLY G. LANE )
Administrative Patent Judge )

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cc:

Attorneys for ADANG:
oashe@gbpatent.com
ekenehan@gbpatent.com

Attorneys for UMBECK:
waackj@howrey.com
kammererp@howrey.com
rmcmorrow@cblh.com