FIRE et al.v.Fire et al. V. Fire et al. V. Waterhouse et al.

Patent Trial and Appeal Board

Dec 29, 2015

09215257 (P.T.A.B. Dec. 29, 2015)

BoxInterferences@uspto.gov Entered: December 29, 2015
Telephone: 571-272-4683

UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT TRIAL AND APPEAL BOARD

Patent Interference No. 105,754

CARNEGIE INSTITUTION OF WASHINGTON
and the University of Massachusetts
(6,506,559, 7,538,095 & 7,622,633),
Junior Party,

v.

COMMONWEALTH SCIENTIFIC AND
INDUSTRIAL RESEARCH ORGANISATION
and Bayer CropScience N.V.
(11/364,183),
Senior Party.

Before: RICHARD E. SCHAFER, SALLY G. LANE and,
DEBORAH KATZ Administrative Patent Judges.

SCHAFER, Administrative Patent Judge.
JUDGMENT
37 CFR § 41.127
The Board previously entered a judgment (1) on priority against junior party 1
Carnegie’s involved claims and (2) finally refusing CSIRO’s claims 52-62 and 69-2
106 as time-barred under 35 U.S.C. § 135(b)(1). Paper 463. CSIRO appealed that 3
judgment. Carnegie did not maintain an appeal. 4
2

On appeal the Federal Circuit reversed the holding that CSIRO’s involved 1
claims were time-barred. In re Commonwealth Scientific & Industrial Research 2
Organisation, Bayer Cropscience NV, Appeal 2014-1710 (Fed. Cir. Nov. 20, 3
2015). The court’s mandate issued on December 28, 2015. 4
Accordingly, in light of the Court’s opinion and mandate, we— 5
Enter judgment on priority against the junior party, Carnegie, for the subject 6
matter of count 4, the sole count in the interference. 7
Pursuant to 35 U.S.C. § 135(a), Carnegie's involved patent claims (listed 8
below) are cancelled: 9
Patent 6,506,559 – 1-5, 7, 10 and 11, 10
Patent 7,538,095 – 1, 3, 6, 8, 11 and 13 and 11
Patent 7,622,633 – 1-3. 12
A copy of this judgment shall be entered in the administrative records of the 13
involved patent and the involved application. 14
This judgment supersedes all previous judgments in this interference. 15

cc:
TODD B. BUCK and W. JACKSON MATNEY, JR., Morgan, Lewis &
Bockius LLP, of Washington, D.C., for junior party.

TODD R. WALTERS and CHRISTOPHER L. NORTH, Buchanan Ingersoll
& Rooney PC, of Alexandria, Virginia, for senior party.