Leibuv.Fletcher et al.

Board of Patent Appeals and Interferences

Jan 28, 2005

09518627 (B.P.A.I. Jan. 28, 2005)

Filed March 3, 2000. Accorded the benefit of Application 09/172,981, filed October1
14, 1998, and Application 08/710,787, filed September 20, 1996. The real party in interest is
Mars, Incorporated.
Based on Application 08/633,299, filed April 17, 1996. The real party in interest iis2
Coin Acceptors, Inc.
The opinion in support of the decision being
entered today is not binding precedent of the Board
Filed by: Trial Section Merits Panel Paper No. 51
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences, USPTO
P. O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-9797 Fax: 571-273-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
PAUL R. FLETCHER, CRAIG A. LEWIS
and GREGORY J. BELLINGTON
Junior Party
(Application 09/518,627)1
v.
MARK H. LEIBU
Senior Party
(Patent 5,733,186)2
_______________
Patent Interference No. 105,180
_______________
Before LEE, MOORE and NAGUMO, Administrative Patent Judges.
LEE, Administrative Patent Judge.
Judgment – Request for Adverse – Bd. Rule 127(b)
Interference No. 105,180
Fletcher v. Leibu
2
On January 13, 2005, junior party Fletcher filed a paper conceding priority of the subject
matter of the count to senior party Leibu. It is now appropriate for entry of adverse judgment
against party Fletcher.
It is
ORDERED that judgment as to the subject matter Count 1 is herein entered against the
junior party PAUL R. FLETCHER, CRAIG A. LEWIS and GREGORY J. BELLINGTON,
and thus the junior party PAUL R. FLETCHER, CRAIG A. LEWIS and GREGORY J.
BELLINGTON is not entitled to its application claims 1-9, 11-15, 18-20, 22-24, and 36-38
which correspond to the count;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
Interference No. 105,180
Fletcher v. Leibu
3
By Facsimile:
Counsel for Senior Party Leibu:
314-241-3317 (Fax)
Robert M. Garrett, Esq.
HAVERSTOCK GARRETT & ROBERTS
611 Olive Street, Suite 1610
St. Louis, Missouri 63101
Counsel for Junior Party Fletcher:
212-258-2291 (Fax)
Frederick H. Rabin, Esq.
Fish & Richardson P.C.
Citigroup Center 52 Floornd
153 East 53 Streetrd
New York, New York 10022-4611