Hawkes et al.v.Hawkes et al.

Patent Trial and Appeal Board

Feb 2, 2017

12559601 (P.T.A.B. Feb. 2, 2017)

BoxInterferences@uspto.gov Filed: 2 February 2016
Tel: 571-272-7822

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

KIMBERLY HAWKES, CHRISTOPHER J. FISHER,
JUSTIN J. CLARK, RICHARD W. SNODGRASS, STEVEN D. HOENIG,
ROGER J. GERDERMAN, and WYATT CULBERTSON,

Application 13/466,755,

Junior Party,
v.

KIMBERLY HAWKES, STEVEN E. SCHNEIDER, THOMAS P. HAYES,
RICHARD W. SNODGRASS, PAUL J. SIEBERT, RICHARD A. ELLIOTT,
ROGER J. GERDERMAN, AND WYATT CULBERTSON

Application 12/559,601,

Senior Party

Patent Interference No. 106,059 (DK)
(Technology Center 3600)

JUDGMENT
37 C.F.R. § 41.127(b)

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

KATZ, Administrative Patent Judge.

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On 13 January 2017, the parties notified the Board that they had reached a 1
settlement. On 31 January 2017, a request for adverse judgment was entered 2
against Junior Party’s involved application 13/466,755. (Paper 120.) 3
Both parties have filed motions attacking the inventorship named in the 4
application of the other under 35 U.S.C. § 102(f). (See Papers 52 and 89.) Both 5
parties have also filed responsive motions to change the inventors named in its own 6
involved application, though neither of these motions completely changes 7
inventorship according to the challenge raised by the other party. (See Papers 94 8
and 106.) Opposition briefs and reply briefs have not been filed in regard to any of 9
these motions. No determination of inventorship or of any issue raised in the 10
parties’ motions has been made by the Board. 11
In light of the request for adverse judgment, it is ORDERED that claims 1, 12
2, 5, 7, 9-16, and 18 of application 13/466,755 be FINALLY REFUSED. 35 13
U.S.C. § 135(a).1 14
It is further ORDERED that a copy of this judgment be entered into the  15
administrative records of application 12/559,601 and application 13/466,755. 16

1 Patent interferences continue under the relevant statutes in effect on 15 March
2013. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011).

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cc (via e-mail):
Attorney for Junior Party:
Mark Boland
Raja N. Saliba
SUGHRUE MION, PLLC
mboland@sughrue.com
rsaliba@sughrue.com

Attorney for Senior Party:

Andrew M. Ollis
Tia D. Fenton
W. Todd Baker
Lisa Mandrusiak
Charles L. Gholz
OBLON, McCLELLAND,
MAIER & NEUSTADT, L.L.P.
aollis@oblon.com
tfenton@oblon.com
tbaker@oblon.com
lmandrusiak@oblon.com
cgholz@oblon.com