Mattei et al.v.Johnson et al.

Board of Patent Appeals and Interferences

Mar 29, 2006

09912776 (B.P.A.I. Mar. 29, 2006)

Based on Application 09/912,776, filed July 25, 2001. Accorded the benefit of Provisional Application 60/261,563,1
filed January 12, 2001. The real party in interest is Leviton Manufacturing Company.
Filed February 6, 2003. Accorded the benefit of Application 09/680,779, filed October 6, 2000. The real party in2
interest is ADC Telecommunications, Inc.
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 35
Mail Stop INTERFERENCE Entered March 29, 2006
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-9797 Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
MICHAEL MATTEI and ROBERT AUTERI
Junior Party
(U.S. Patent No. 6,448,495)1
v.
WAYNE JOHNSON, BRIAN L. JOHNSON,
THOMAS W. KAMPF, ALEX WATTS and
MICHAEL J. WENTWORTH
Senior Party
(Application 10/360,563)2
_______________
Patent Interference No. 105,392
_______________
Before LEE, MOORE and GAUDETTE Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Bd. Rule 127(b)
Interference No. 105,392
Mattei v. Johnson
-2-
Junior party Mattei has requested entry of adverse judgment. (Paper No. 34). The
request is granted.
It is
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
junior party MICHAEL MATTEI and ROBERT AUTERI;
FURTHER ORDERED that junior party MICHAEL MATTEI and ROBERT AUTERI
is not entitled to claims 1, 6, 7, 8, 15 and 16 of its involved Patent No. 6,448,495;
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 placed in the respective
involved application or patent of the parties.
/ss/ Jameson Lee
JAMESON LEE )
Administrative Patent Judge )
)
)
)
/ss/ James T. Moore ) BOARD OF PATENT
JAMES T. MOORE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
/ss/ Linda Gaudette )
LINDA GAUDETTE )
Administrative Patent Judge )
Interference No. 105,392
Mattei v. Johnson
-3-
By Electronic Transmission:
Counsel for Junior Party Mattei:
georgerondeau@dwt.com
George C. Rondeau, Jr. Esq.
Davis Wright Tremaine, LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101
Attorney for senior party Johnson:
dbremer@ccvl.com
Dennis C. Bremer, Esq.
225 South 6 Street, Suite 3200th
Minneapolis, MN 55402