Serafin et al.v.Yeates et al.

Patent Trial and Appeal Board

Dec 20, 2012

12846984 (P.T.A.B. Dec. 20, 2012)

BoxInterferences@uspto.gov Paper 346
Telephone: 571-272-4683 Entered: 20 December 2012

UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT TRIAL AND APPEALS BOARD
____________________

Patent Interference 105,865 McK
Technology Center 1700
____________________

RANDALL CLAYTON YEATES,
JOHN ROBERT LOCKEMEYER and MAREK MATUSZ,

Patent 7,560,411 B2,
Junior Party,

v.

JULIANA G. SERAFIN, ALBERT C. LIU
SEYED R. SEYEDMONIR, HWAILI SOO and THOMAS SZYMANSKI

Application12/846,984,
Senior Party.
____________________

Before FRED E. McKELVEY, JEFFREY B. ROBERTSON and
DEBORAH KATZ, Administrative Patent Judges.

FRED E. McKELVEY, Administrative Patent Judge.

JUDGMENT 1
Upon consideration of the record, including the decision on motions 2
(Paper 336, as supplemented by Paper 342), 3
it is 4
2

ORDERDED that judgment on priority as to Count 3 (the sole 1
count in the interference; Paper 338, page 4) is awarded against Junior Party 2
Yeates et al., real party in interest Shell Oil Co. 3
FURTHER ORDERED that Yeates et al. and Shell Oil Co. 4
are not entitled to a patent containing claims 1, 3-8, 16 and 18-19 5
(corresponding to Count 3) of: 6
Yeates U.S. Patent 7,560,411 B2 7
issued 14 July 2009 8
9
FURTHER ORDERED that claims 1, 3-8, 16 and 18-19 of 10
Yeates U.S. Patent 7,560,411 B2 are cancelled. 35 U.S.C. § 135(a). 11
FURTHER ORDERED that if there is a settlement agreement, 12
attention is directed to 35 U.S.C. § 135(c). 13
FURTHER ORDERED that a copy of this JUDGMENT shall 14
be placed in the files of (1) Yeates U.S. Patent 7,560,411 B2 and (2) Serafin 15
application 12/846,984, filed 30 July 2010. 16
3

cc (via electronic mail): 1
2
Attorney for Yeates: 3
4
Janelle D. Waack, Esq. 5
Jason W. Bryan, Esq. 6
Novak Druce + Quigg, LLP 7
Email: janelle.waack@novakdruce.com 8
Email: jason.bryan@novakdruce.com 9
10
11
Attorney for Serafin: 12
13
Edward F. Kenehan, Jr., Esq. 14
Stanislaus Aksman, Esq. 15
Roberts Mlotkowski Safran & Cole, PC 16
Email: ekenehan@rmsclaw.com 17
Email: saksman@rmsclaw.com 18