Kopf-Sill et al.v.Yager et al.

Board of Patent Appeals and Interferences

Jun 28, 2002

08948194 (B.P.A.I. Jun. 28, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 106
Filed by: Interference Trial Section
Merits Panel
Box Interference Filed:
Washington, D.C. 20231 28 June 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ANNE R. KOPF-SILL and JOHN W. PARCE,
Junior Party,
(Patent 5,842,787),
v.
PAUL YAGER, JAMES P. BRODY, MARK R. HOLL,
FRED K. FORSTER and PAUL C. GALAMBOS,
Senior Party
(Application 09/346,852).
_______________
Patent Interference No. 104,718
_______________
Before: SCHAFER, LEE and MEDLEY, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge
JUDGMENT PURSUANT TO 37 CFR § 1.662
Senior party Yager has filed a paper (Paper 101) expressly abandoning involved Application,
09/346,852. Pursuant to 37 CFR § 1.662(a), the abandonment of an involved application is treated
as a request for entry of an adverse judgment. Because of the express abandonment, it is unecessary
to consider the parties’ preliminary motions. Accordingly, it is
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ORDERED that judgment on priority as to the subject matter of Counts 1-7 (Paper 1, p. 5),
is awarded against the senior party, PAUL YAGER, JAMES P. BRODY, MARK R. HOLL, FRED
K. FORSTER and PAUL C. GALAMBOS;
FURTHER ORDERED that senior party, PAUL YAGER, JAMES P. BRODY, MARK R.
HOLL, FRED K. FORSTER and PAUL C. GALAMBOS, is not entitled to a patent containing
claims 5-35, 37, 39-41 and 43-45 (corresponding to Counts 1-7) of Application 09/346,852;
FURTHER ORDERED that a copy of this judgment be made of record in Patent 5,842,787
and in Application 09/346,852; and
FURTHER ORDERED that if there is a settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
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______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
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______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
)
)
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cc (via Fax):
Attorney for KOPF-SILL:
Jorge A. Goldstein, Esq.
Linda E. Alcorn, Esq.
STERNE, KESSLER, GOLDSTEIN
& FOX PLLC
1100 New York Avenue, N.W.
Washington, DC 20005-3934
Tel: 202-371-2540
Attorney for YAGER:
Bruce E. O’Connor, Esq.
Daiva K. Tautvydas, Esq.
CHRISTENSEN O’CONNOR JOHNSON
& KINDNESS PLLC
1420 Fifth Avenue
Suite 2800
Seattle, WA 98101-2347
Tel: 206-224-0779