Macovev.Luxton

Patent Trial and Appeal Board

Jun 27, 2013

13093072 (P.T.A.B. Jun. 27, 2013)

BoxInterferences@uspto.gov Paper 43
Telephone: 571-272-4683 Filed: 27 June 2013

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________________

Patent Interference 105,914 McK
Technology Center 3700
____________________

JAMES A. MACOVE,

Patent 8,261,451,
Junior Party,

v.

RICHARD HART LUXTON,

Application 13/411,909,
Senior Party.
____________________

Before: FRED E. McKELVEY, Senior Administrative Patent Judge, 1
and RICHARD E. SCHAFER and SALLY GARDNER LANE, 2
Administrative Patent Judges. 3
4
McKELVEY, Senior Administrative Patent Judge. 5
6
JUDGMENT 7
Upon consideration of a MACOVE REQUESST FOR 8
ADVERSE JUDGMENT UNDER 37 CFR § 41.127 (Paper 42), it is 9
ORDERDED that judgment on priority as to Count 1 (the 10
sole count in the interference; Paper 1, page 4) is awarded against 11
Junior Party James A. Macove. 12
2

FURTHER ORDERED that James A. Macove (the 1
inventor and real party in interest (Paper 5)) is not entitled to a patent 2
containing claims 1-9 (corresponding to Count 1) of: 3
U.S. Patent 8,261,451 4
granted: 11 September 2012 5
based on application 13/093,072 6
filed: 25 April 2011 7
8
FURTHER ORDERED that claims 1-9 of U.S. Patent 9
8,261,451 are cancelled. 35 U.S.C. § 135(a). 10
FURTHER ORDERED that a settlement agreement filed 11
by the parties will be acknowledged separately in due course. 12
FURTHER ORDERED that a copy of this JUDGMENT 13
shall be placed in the files of (1) U.S. Patent 8,261,451and 14
(2) applicant 13/411,909. 15
FURTHER ORDERED that the Clerk is directed to 16
distribute the files upon entry of this JUDGMENT. 17
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By Electronic Transmission: 1
Counsel for Junior Party Macove: 2
Ronald E. Cahill 3
Lauren E. Ingegneri 4
Nutter, McClennen & Fish, LLP 5
rcahill@nutter.com 6
lingegneri@nutter.com 7
8
Counsel for Senior Party Luxton: 9
Mark A. Charles 10
The Procter & Gamble Company 11
charles.ma@pg.com 12
John M. Lipchitz 13
The Gillette Company 14
lipchitz.jm@pg.com 15