Ryallv.Constantino

Patent Trial and Appeal Board

Jan 8, 2013

10054638 (P.T.A.B. Jan. 8, 2013)

BoxInterferences@uspto.gov Paper 257
Tel: 571-272-4683 Entered: January 8, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_________________

PAOLO COSTANTINO
Junior Party
(Application 12/321,420),

v.

ROBERT P. RYALL
Senior Party
(U.S. Patent Application 10/054,638).
_________________

Patent Interference No. 105,830 (JWB)
(Technology Center 1600)
_________________

Before FRED E. McKELVEY, SALLY GARDNER LANE, SALLY C.
MEDLEY, MICHAEL P. TIERNEY, and JACQUELINE WRIGHT BONILLA,
Administrative Patent Judges.

BONILLA, Administrative Patent Judge.
JUDGMENT
Upon consideration of a request for entry of an adverse judgment filed by 1
Costantino (Paper No. 245) and our decision granting Costantino Motion 8 2
(Paper No. 256), it is: 3
2

ORDERDED that judgment on priority as to Count 1 (the sole count in the 1
interference; Paper No. 1, page 3) is awarded against Junior Party Costantino; 2
FURTHER ORDERED that claim 18 of Ryall and claim 67 of Costantino 3
are unpatentable under 35 U.S.C. § 103; 4
FURTHER ORDERED that Ryall is not entitled to a patent containing 5
Ryall claim 18 (corresponding to Count 1) of: 6
U.S. Application No. 10/054,638 7
filed January 22, 2002; 8
FURTHER ORDERED that Costantino is not entitled to a patent 9
containing Costantino claim 67 (corresponding to Count 1) of: 10
U.S. Application No. 12/321,420 11
filed January 20, 2009; 12
FURTHER ORDERED that claim 18 of the involved Ryall application and 13
claim 67 of the involved Costantino application are finally refused. 35 U.S.C. 14
§ 135(a); 15
FURTHER ORDERED that if there is any additional settlement 16
agreement, attention is directed to 35 U.S.C. § 135(c); and 17
FURTHER ORDERED that a copy of this JUDGMENT shall be placed in 18
each of the files of (1) Ryall Application No. 10/054,638, and (2) Costantino 19
Application No. 12/321,420. 20
3

cc (via electronic mail): 1
2
Attorney for Costantino: 3
4
Paul M. Devinsky, Esq. 5
Robert H. Underwood, Esq. 6
McDermott Will & Emery, LLP 7
Email: pdevinsky@mwe.com 8
Email: runderwood@mwe.com 9
10
Attorney for Ryall: 11
12
Paul H. Berghoff, Esq. 13
Kevin E. Noonan, Esq. 14
Michelle L. McMullen-Tack, Esq. 15
McDonnell Boehnen Hulbert & Berghoff, LLP 16
Email: berghoff@mbhb.com 17
Email: noonan@mbhb.com 18
Email: mcmullen-tack@mbhb.com 19