Mizukiv.Kamatani et al.

Patent Trial and Appeal Board

Nov 18, 2013

13060631 (P.T.A.B. Nov. 18, 2013)

BoxInterferences@uspto.gov Paper 13
Telephone: 571-272-4683 Filed: November 18, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________________

CANON KABUSHIKI KAISHA
Junior Party
Application 13/060,631

v.

IDEMITSU KOSAN CO., LTD.
Senior Party
Patent 8,507,900 B2
____________________

Patent Interference 105,971 McK
Technology Center 1700
____________________

Before: FRED E. McKELVEY, Senior Administrative Patent Judge, and 1
RICHARD E. SCHAFER and SALLY GARDNER LANE, Administrative 2
Patent Judges. 3
McKELVEY, Senior Administrative Patent Judge. 4
JUDGMENT 5
On 8 November 2013, the PTAB received the following email 6
communication: 7
Dear Patent Trial and Appeals Board, 8
This letter is to inform you that Canon Kabushiki Kaisha (Real 9
Party in Interest) wishes to withdraw from interference proceedings 10
in Patent Interference No. 105,971 (corresponding to Patent 11

Interference 105,969
Declaration

2

Application Serial No. 13/060,631), and allow the application to go 1
abandoned. Opposing counsel is being copied on this message, per 2
the instructions of the Interferences clerk. 3
Please advise us if there are any other steps we should take to 4
complete this withdrawal, such as the scheduling of a final 5
teleconference. 6
Best Regards, 7
Abigail Cotton 8
Reg. No. 52,773 9
Canon USA, Inc. 10
Intellectual Property Division 11
15975 Alton Parkway 12
Irvine, CA 92618-3731. 13
Upon consideration of email, it is 14
ORDERDED that judgment on priority as to Count 1 (the sole count 15
in the interference; Paper 1, page 4) is awarded against Junior Party Canon 16
Kabushiki Kaisha, Jun Kamatani, Takuyuki Horichi, Naoki Yamada, and Akihito 17
Saitoh. 18
FURTHER ORDERED that Canon Kabushiki Kaisha, Jun Kamatani, 19
Takuyuki Horichi, Naoki Yamada, and Akihito Saitoh are not entitled to a patent 20
containing claims 1 and 4-5 (corresponding to Count 1) of: 21
Application 13/060,613, 22
filed 24 February 2011 23
FURTHER ORDERED that claims 1 and 4-5 of application 24
13/060,631 are finally refused. 35 U.S.C. § 135(a). 25

Interference 105,969
Declaration

3

FURTHER ORDERED that if there is a settlement agreement, 1
attention is directed to 35 U.S.C. § 135(c). 2
FURTHER ORDERED that a copy of this JUDGMENT shall be 3
placed in the files of (1) Canon application 13/060,631 and (2) Idemitsu 4
U.S. Patent 8,507,900 B2. 5
FURTHER ORDERED that the Clerk is authorized to distribute the 6
files upon entry of this JUDGMENT. 7
8
Attorney for Canon: 9
10
Canon USA, Inc. 11
Intellectual Property Division 12
15975 Alton Parkway 13
Irvine, CA 92618-3731 14
(408) 468-2860 15
ACotton@cusa.canon.com 16
17
Attorney for Idemitsu: 18
19
George E. Quillin 20
Michael D. Kaminski 21
Benjamin Berkowitz 22
Foley & Lardner 23
gquillin@foley.com 24
mkaminski@foley.com 25
bberkowitz@foley.com 26
27