08628540 (B.P.A.I. Jan. 23, 2004)

SANO et al.v.STAYTON

Board of Patent Appeals and InterferencesJan 23, 2004

08628540 (B.P.A.I. Jan. 23, 2004)

The opinion in support of the decision being entered today is not binding precedent of the Board. Paper7 By: Trial Section Merits Panel Board of Patent Appeals and Interferences Filed: January 23, 2004 U.S. Patent and Trademark Office P-0. Box 1450 Alexandria, VA 22313-1450 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS ANDINTERFERENCES (Administrative Patent Judge Carol A. Spiegel) TAKESHI SANO, CHARLES R. CANTOR, SANDOR VAJDA, GABRIEL 0. REZNIK, CASSANDRA L. SMITH and MARK W. PANDORI Junior Party, MAILED U.S. Patent 6,022,951 V. JAN 2 3 2004 PATRICK S. STAYTON PAT.&T.M.OFFICE _S FBOARD OF PATENT APPEALS AND INTERFERENCES Senior Party Application 08/766,793 Patent Interference No. 105,194 Before: SCHAFER, TORCZON and SPIEGEL, Administrative Patent Judges. SPIEGEL, Administrative Patent Judge. JUDGMENT PURSUANT TO 37 Â§ 1.662(a) Senior party Stayton has filed "STAYTON NOTICE OF ABANDONMENT & REQUEST FOR ADVERSE JUDGMENT" (Paper 6) with a copy of the voluntary express abandonment contemporaneously sent to the USPTO, attention Examiner C. Saoud, Group Art Unit 1647. 0 Interference No. 105,194 Paper 7 Sano v. Stayton Page Accordingly, it is ORDERED that judgment on priority as to Count 1 (Paper 1, p. 5), the sole count in the interference, is awarded against senior party PATRICK S. STAYTON; FURTHER ORDERED that senior party PATRICK S. STAYTON is not entitled to a patent containing claims 27-28 (corresponding to Count 1) of Application 08/766,793; FURTHER ORDERED that a copy of this decision (Paper 7) be given a paper number and entered into the administrative record of Sano U.S. Patent 6,022,951 and of Stayton Application 08/766,793; and FURTHER ORDERED that if there is a settlement agreement which has not been filed, attention is directed to 35 U.S.C. Â§ 135(c) and 37 CFR Â§ 1.661. 1--7 RICHARD E. S Administrative Patent Judge BOARD OF PATENT KICFÃ½ARD TOR&ZON APPEALS AND Administrative Patent Ju INTERFERENCES CAROL A. 9PIEGEL Administrative Patent Judge Interference No. 105,104 Paper23 Zarnbrowicz v. Harrington Page 3 cc (via fax and first class mail): Sano (real party in interest TRUSTEES OF BOSTON UNIVERSITY): Peter G. Carroll, Esq. MEDLEN & CARROLL, LLP 101 Howard Street, Suite 350 San Francisco, CA 94105 Tel: 415-904-6500 Fax: 415-904-6510 Stayton (real party in interest UNIVERSITY OF WASHINGTON): George E. Renzoni, Esq. Dennis K. Shelton, Esq. CHRISTENSEN O'CONNOR JOHNSON KINDNESS PLLC 1420 Fifth Avenue, Suite 2800 Seattle, WA 98101-2347 Tel: 206-682-8100 Fax: 206-224-0779 E-mail: cieorqe.renzoni(@co'k.com den n is.shelton(a-)coik.com

SANO et al. V. STAYTON