Sanders et al.

Board of Patent Appeals and Interferences

Feb 26, 2002

08228132 (B.P.A.I. Feb. 26, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 31
Filed by: Interference Trial Section Merits Panel
Box Interference Filed:
Washington, D.C. 20231 26 February 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
FAXED
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES FEB 2 6 2002
IRA SANDERS and CHRISTOPHER M. SHAARI, PAT. & TPA. OFFICE BOARD OF PATENT APMALS
AND INTERFERENCES
Junior Party,
(Patent 5,766,605),
V.
K. ROGER AOKI, MICHAEL W. GRAYSTON,
STEVEN R CARLSON and JUDITH M. LEON,
Senior Party,
(Application 08/627,118).
Patent Interference No. 104,688
Before: SCHAFER, LEE and TIERNEY, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
JUDGMENT UNDER 37 CFR § 1.662(a)
Contingent on the Grant of the parties' Joint Preliminary Motion 1, Sanders has conceded
priority as to the subject matter of Count 2. Paper 17. Also contingent on the granting of Joint
Preliminary Motion 1, Aoki concedes priority as to the subject matter of Count 3. Paper 18. Joint
Preliminary Motion I was granted. Paper 29. Accordingly, the concessions of priority are construed
as a request for entry of adverse judgment under 3 7 CFR § 1.667(a). Accordingly, it is--
ORDERED that judgment on priority as to the subject matter of Count 2 (Paper 30, p. 1) is
awarded against the junior party, IRA SANDERS and CHRISTOPHER M. SHAARI;
FURTHER ORDERED that junior party, IPA SANDERS and CHRISTOPHER M.
SHAARI, is not entitled to a patent containing claims I and 13-18 (corresponding to Count 2) of
Patent 5,766,605;
FURTHER ORDERED thatjudgment on priority as to the subject matter of Count 3 (Paper
30, p. 2) is awarded against senior party, K. ROGERAOKI, MICHAEL W. GRAYSTON, STEVEN
R. CARLSON and JUDITH M. LEON;
FURTHER ORDERED that senior party, K. ROGER AOKI, MICHAEL W. GRAYSTON,
STEVEN R. CARLSON and JUDITH M. LEON, is not entitled to a patent containing claims 60-71
(corresponding to Count 3) of Application 08/627,118;
FURTHER ORDERED that a copy of this judgment be made of record in Application
08/627,118 and Patent 5,766,605; and
FURTHER ORDERED that if there is any settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR. § 1.661.
1ICHARD E. SCHAFER
Administrative Patent Judge
BOARD OF PATENT
"SON LEE
APPEALS AND
dministrative Patent Judge INTERFERENCES
MICHAEL P. TIERNEY
Administrative Patent Judge
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cc (via Fax):
Attorney for SANDERS:
Richard S. Clark, Esq.
DORSEY & WHITNEY LLP
250 Park Avenue
NewYorkN.Y. 10177
Tel: 212-415-0797
Fax: 212-953-7201
Attorney for AOKI:
Jerry D. Voight, Esq.
FINNEGAN, HENDERSON, FARABOW, GARRETT
& DUNNER, LLP
700 Hansen Way
Palo Alto, CA 94304
Tel: 650-849-6600
Fax: 650-849-6666
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