Koito et al.v.Egbe

Board of Patent Appeals and Interferences

Jul 31, 2006

10208796 (B.P.A.I. Jul. 31, 2006)

Filed by: Paper 4 1
Merits Panel 2
Board of Patent Appeals and Interferences 3
Mail Stop Interference 4
P.O. Box 1450 5
Alexandria, VA 22313-1450 6
Tel: 571-272-4683 7
Fax: 571-273-0042 8
9
UNITED STATES PATENT AND TRADEMARK OFFICE 10
____________________ 11
12
BEFORE THE BOARD OF PATENT APPEALS 13
AND INTERFERENCES 14
____________________ 15
16
MATTHEW EGBE, 17
18
Junior Party, 19
Application 10/254,785. 20
21
v. 22
23
TATSUYA KOITO, KEIJI HIRANO, MASAYUKI TAKASHIMA, 24
KENICHI TOKIOKA and HIDEMITSU AOKI, 25
26
Senior Party, 27
Patent 6,869,921 B2, 28
____________________ 29
30
Patent Interference 105,476 McK 31
Technology Center 1700 32
____________________ 33
34
Entered: 31 July 2006 35
____________________ 36
37
Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and MOORE 38
Administrative Patent Judges. 39
40
McKELVEY, Senior Administrative Patent Judge. 41
42
JUDGMENT 43
44
2
Counsel placed a conference call to the Board on Thursday, 27 July 1
2006, at 1:30 (1330 hours Eastern time). During the conference call, counsel 2
for Senior Party Koito advised the Board that Koito would not participate in 3
the interference and concedes the subject matter of the interference to Junior 4
Party Egbe. The Board will treat Koito's non-participation and concession 5
as a request for entry of an adverse judgment. The Board appreciates the 6
time counsel took to have the conference call with Board. 7
Upon consideration of the discussion during the conference call, it is 8
ORDERDED that judgment on priority as to Count 1 (the sole 9
count in the interference; Paper 1, page 9) is awarded against Senior Party 10
TATSUYA KOITO, KEIJI HIRANO, MASAYUKI TAKASHIMA, 11
KENICHI TOKIOKA and HIDEMITSU AOKI. 12
. 13
FURTHER ORDERED that Senior Party TATSUYA KOITO, 14
KEIJI HIRANO, MASAYUKI TAKASHIMA, KENICHI TOKIOKA and 15
HIDEMITSU AOKI is not entitled to a patent containing claims 20-30 16
(corresponding to Count 1) of: 17
U.S. Patent 6,869,921 B2 18
issued 22 March 2005 19
based on application 10/208,796 20
filed 1 August 2002 21
FURTHER ORDERED that if there is a settlement agreement, 22
attention is directed to 35 U.S.C. § 135(c). 23
FURTHER ORDERED that a copy of this JUDGMENT 24
shall be placed in the files of (1) application 10/254,785 and (2) U.S. Patent 25
6,869,921 B1. 26
3
FURTHER ORDERED that the Clerk is directed to distribute 1
the files upon entry of this JUDGMENT. 2
3
4
5
/ss/ Fred E. McKelvey ) 6
FRED E. McKELVEY ) 7
Senior Administrative Patent Judge ) 8
) BOARD OF 9
/ss/ Richard E. Schafer ) PATENT 10
RICHARD E. SCHAFER ) APPEALS 11
Administrative Patent Judge ) AND 12
) INTERFERENCES 13
/ss/ James T. Moore ) 14
JAMES T. MOORE ) 15
Administrative Patent Judge ) 16
17
4
cc (via First Class Mail): 1
2
Counsel for Egbe 3
(real party in interest 4
Air-Products and Chemicals, Inc.): 5
6
Burton A. Amernick, Esq. 7
CONNOLLY BOVE LODGE & HUTZ LLP 8
1990 M Street, N.W., Suite 800 9
Washington, D.C. 20036-3425 10
11
Tel: 202-331-7111 12
Fax: 202-293-6229 13
14
Mark L. Rodgers, Esq. 15
Assistant General Counsel 16
Air Products and Chemicals, Inc. 17
7201 Hamilton Blvd. 18
Allentown, PA 18195 19
20
Tel: 610-481-8817 21
22
Counsel for Koito 23
(real party in interest 24
NEC Electronics Corporation and 25
Sumitomo Chemical Company, Limited): 26
27
SUGHRUE MION PLLC 28
2100 Pennsylvania Avenue, N.W. 29
Washington, D.C. 20037-3213 30
31
Tel: 202-293-7060 32
Fax: 202-293-7860 33