Nashv.Hughes et al.

Board of Patent Appeals and Interferences

Oct 27, 2006

09859915 (B.P.A.I. Oct. 27, 2006)

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Merits Panel Paper 90 1
Mail Stop Interference 2
P.O. Box 1450 Filed: 27 October 2006 3
Alexandria Va 22313-1450 4
Tel: 571-272-4683 5
Fax: 571-273-0042 6
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UNITED STATES PATENT AND TRADEMARK OFFICE 8
_______________ 9
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BEFORE THE BOARD OF PATENT APPEALS 11
AND INTERFERENCES 12
_______________ 13
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KENNETH L. NASH 15
Junior Party 16
(Patent 6,449,645), 17
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v. 19
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AIDAN T. HUGHES and DAVID PEARCE 21
Senior Party 22
(Application 09/859,915). 23
_______________ 24
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Patent Interference No. 105,356 26
_______________ 27
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Before: BARRETT, LEE, and MEDLEY, Administrative Patent Judges. 30
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MEDLEY, Administrative Patent Judge. 32
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Judgment – Bd.R. 127 34
The preliminary motions filed in the interference have been decided (Paper 89). 35
Nash did not file a priority statement and agreed during oral argument that there would 36
not be a priority contest (Paper 88, transcript page 5, lines 7-13). Judgment is entered 37
against Nash. 38
Accordingly, it is 39
ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) the sole count 40
in the interference is awarded against junior party KENNETH NASH. 41
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FURTHER ORDERED that KENNETH NASH is not entitled to a patent 1
containing claims 1-4, 7-13, 17 and 18 (corresponding to Count 1) of U.S. patent 2
6,449,645. 3
FURTHER ORDERED that a copy of this paper shall be made of record in the 4
files of application 09/859,915 and U.S. Patent 6,449,645. 5
FURTHER ORDERED that if there is a settlement agreement, attention is 6
directed to 35 U.S.C. § 135(c) and Bd.R. 205. 7
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/Lee E. Barrett/ ) 9
LEE E. BARRETT ) 10
Administrative Patent Judge ) 11
) 12
) 13
/Jameson Lee/ ) BOARD OF PATENT 14
JAMESON LEE ) APPEALS AND 15
Administrative Patent Judge ) INTERFERENCES 16
) 17
) 18
/Sally C. Medley/ ) 19
SALLY C. MEDLEY ) 20
Administrative Patent Judge ) 21
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cc (via e-mail): 24
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david@andersonlawfirm.com 26
knash@houston.rr.com 27
danny.huntington@bingham.com 28
bill.hughet@bingham.com 29