Keohanev.Smith

Board of Patent Appeals and Interferences

Jun 2, 2008

09775083 (B.P.A.I. Jun. 2, 2008)

Mail Stop Interference Paper 23
P.O. Box 1450
Alexandria Va 22313-1450 June 2, 2008
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

Ingenious Concepts, Inc.,
Junior Party
(Application SN 09/775,083,
Inventor: Fred Smith),

v.

Gilbarco Inc.,
Senior Party
(Patent 6,364,206
Inventor: Denis J. Keohane).

Patent Interference 105,586 (RES)
(Technology Center 2800)

Before: RICHARD E. SCHAFER, JAMESON LEE and
JAMES T. MOORE, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge

- 2 -
Judgment - Request for Adverse - Bd.R. 127(b)
Junior party, Ingenious Concepts, Inc., filed a paper titled INGENIOUS 1
CONCEPTS REQUEST FOR ADVERSE JUDGMENT (Paper 22). Ingenious 2
states: 3
Ingenious Concepts, Inc. has assigned the entirety of its 4
right, title, and interest in United States Patent 5
Application Serial No. 09/775,083 to Gilbarco, Inc. In 6
addition, Ingenious Concepts, Inc. and Gilbarco, Inc. 7
have executed a settlement agreement, a copy of which 8
has been filed with the Board of Patent Appeals and 9
Interferences. 10
Paper 22, p. 2. The settlement agreement is of record as part of Paper 21. 11
The agreement, which is signed by both parties, states that Ingenious will 12
file the request for adverse judgment. Paper 21, p. 2-3. In view of 13
Gilbarco’s agreement that the request for adverse judgment will be filed by 14
Ingenious, it is appropriate for Ingenious to file the request notwithstanding 15
that Gilbarco is now the owner of Application 09/775,083. 16
Accordingly, it is 17
ORDERED that claims 21-45 of Application 09/775,083 are 18
finally refused (35 U.S.C. 135(a)); 19
FURTHER ORDERED that a copy of this judgment be made 20
of record in the files of Patent 6,364,206 and Application 09/775,083; and 21
- 3 -
FURTHER ORDERED that if there is any settlement 1
agreement or related documents which have not been filed, attention is 2
directed to 35 U.S.C. § 135(c) and 37 CFR § 41.205. 3

/Richard E. Schafer/ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
/Jameson Lee/ ___ _ ) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
/ James T. Moore / )
JAMES T. MOORE )
Administrative Patent Judge )

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