Kassel et al.v.Hindsgaul et al.

Board of Patent Appeals and Interferences

Aug 5, 2005

10242114 (B.P.A.I. Aug. 5, 2005)

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Paper 4
Mail Stop Interference
P.O. Box 1450 Filed: 5 August 2005
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
DANIEL B. KASSEL, TAO WANG
and LU ZENG
Junior Party
(Patent 6,066,848),
v.
OLE HINDSGAUL and DAVID C. SCHRIEMER
Senior Party
(Application 10/242,114).
_______________
Patent Interference No. 105,347
(Technology Center 2800)
_______________
ORDER TERMINATING INTERFERENCE
Before: SCHAFER, LANE, and MEDLEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
A. Introduction
This interference was declared on 14 July 2005 between Hindsgaul and Kassel. On 28
July 2005, the board received from the party Kassel a “Communication to Administrative Patent
Judge Sally C. Medley” (Paper 3) in which Kassel notifies the board that its involved 6,066,848
patent expired on 24 May 2004.
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At the time the interference was declared, the Board was unaware that Kassel’s patent had
expired, and thus the interference was improvidently declared.
B. Discussion
An interference shall not be declared between an expired patent and a pending
application. 35 U.S.C. § 135(a). Since the Kassel patent had expired as of the date the
interference was declared, the Board lacks subject matter jurisdiction over the interference.
Accordingly, the interference is terminated without judgment.
C. Order
Upon consideration of the record, it is
ORDERED that the interference is TERMINATED.
FURTHER ORDERED that a copy of this ORDER TERMINATING
INTERFERENCE shall be placed and given a paper number in the file of Kassel, U.S. Patent
6,066,848 and Hindsgaul, U.S. Patent Application 10/242,114.
/ss/ Richard E. Schafer )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
/ss/ Sally G. Lane )BOARD OF PATENT
SALLY G. LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
/ss/ Sally C. Medley )
SALLY C. MEDLEY )
Administrative Patent Judge )
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cc (via facsimile):
Counsel for Kassel:
Kate H. Murashige
MORRISON & FOERSTER LLP
3811 Valley Centre Drive
Suite 500
San Diego, CA 92130-2332
Fax: 858-720-5125
Karen B. Dow
TOWNSEND & TOWNSEND & CREW LLP
Two Embarcadero Center, 8 Floorth
San Francisco, CA 94111-3834
Fax: 415-576-0300
Counsel for Hindsgaul:
William H. Benz, Esq.
BURNS, DOANE, SWECKER & MATHIS, LLP
1737 King Street
Alexandria, VA 22314
Fax: 703-836-2021