Palmer et al.v.Commarieu

Board of Patent Appeals and Interferences

Jun 15, 2006

09834460 (B.P.A.I. Jun. 15, 2006)

Paper 58
Filed by:

Merits Panel Filed: June 15, 2006
Mail Stop Interference
P.O. Box 1450
Alexandria VA 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
(Administrative Patent Judge James T. Moore)
_______________

David Palmer
and
Pui Kwan Wong
Junior Party
(Patent 6,465,697)

v.

Annie Commarieu
Senior Party
(Application 10/466,814)
_______________

Patent Interference No. 105,309 (JTM)
_______________

Before SCHAFER, LEE, and MOORE, Administrative Patent Judges.

MOORE, Administrative Patent Judge.

Judgment – Request for Adverse – Bd. R. 127(b)

Palmer has filed a Request for Adverse Judgment (Paper 57) as to count
1, the only count of this interference.
Upon consideration of the Request for Adverse Judgment, it is hereby:
Interference 105,309
ORDERED that judgment on priority as to Count 1 (Paper 53, page 3) is
awarded against junior party David Palmer and Pui Kwan Wong.
FURTHER ORDERED that junior party David Palmer and Pui Kwan Wong
is not entitled to a patent containing claims 1-55 (corresponding to Count 1) of
patent 6,465,697.
FURTHER ORDERED that a copy of this paper shall be made of record in
files of application 10/466,814 and patent 6,465,697.
FURTHER ORDERED that as the parties have indicated that there is a
settlement agreement, the parties shall direct attention to 35 U.S.C. § 135(c) and
37 CFR § 41.205(a).

/Richard E. Schafer/ )
ADMINISTRATIVE PATENT JUDGE )
)
/Jameson Lee/ ) BOARD OF PATENT
ADMINISTRATIVE PATENT JUDGE ) APPEALS AND
) INTERFERENCES
/James T. Moore/ )
ADMINISTRATIVE PATENT JUDGE )

June 15, 2006
Alexandria, VA

Interference 105,309
cc (via email):

Attorney for Palmer:

Eric C. Woglom, Esq.
FISH & NEAVE GROUP OF
ROPES & GRAY LLP
1251 AVENUE OF THE AMERICAS
NEW YORK NY 10020-1104
eric.woglom@ropesgray.com

Attorney for Commarieu:

Anthony J., Zelano, Esq.
MILLEN, WHITE, ZELANO & BRANIGAN, P.C.
ARLINGTON COURTHOUSE PLAZA I
2200 CLARENDON BLVD.
SUITE 1400
ARLINGTON VA 22201
zelano@mwzb.com