Kingstonv.Solka

Board of Patent Appeals and Interferences

Oct 22, 2002

09403423 (B.P.A.I. Oct. 22, 2002)

1 Based on application 09/269,030, filed March 18, 1999. The real party in interest is
Volvo Construction Equipment Components AB.
2 Filed October 20, 1999. The real party in interest is ZF Friedrichshafen AG.
Accorded the benefit of German Patent 19718744.7, filed May 2, 1997.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 21
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

TIM KINGSTON,
Junior Party,
(Patent 6,090,006)1
v.
ULRICH SOLKA,
Senior Party,
(Application 09/403,423)2

Patent Interference No. 105,008

Judgment
On October 21, 2002, senior party Solka filed a paper titled “REQUEST FOR ENTRY
OF ADVERSE JUDGMENT” (Paper No. 20), requesting entry of adverse judgment against the
senior party. The request is granted. It is
Interference No. 105,008
Kingston v. Solka
- 2 -
ORDERED that judgment as to the subject matter of the count is hereby entered against
senior party ULRICH SOLKA;
FURTHER ORDERED that senior party ULRICH SOLKA is not entitled to its
application claim 40 which corresponds to the count; and
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
)
Jameson Lee )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
Richard Torczon ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
Mark Nagumo )
Administrative Patent Judge )
Interference No. 105,008
Kingston v. Solka
- 3 -
By Facsimile
Counsel for Senior Party Solka:
603-624-9229 (Fax)
Michael J. Bujold, Esq.
Davis & Bujold. P.L.L.C.
500 North Commercial Street, 4th Floor
Manchester, New Hampshire 03101
Counsel for Junior Party Kingston:
713-787-1440 (Fax)
Janelle D. Waack, Esq.
Howrey Simon Arnold & White, LLP
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20001