Sommerville et al.Download PDFBoard of Patent Appeals and InterferencesSep 14, 200108472358 (B.P.A.I. Sep. 14, 2001) Copy Citation THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION and is not binding precedent of the Board Paper 130 Filed by: Trial Section Merits Panel Box Interference Washington, D.C. 20231 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ CHRISTOPHER R. SOMERVILLE, YVES POIRIER, and DOUGLAS E. DENNIS, Junior Party, (Patent 5,650,555) v. OLIVER P. PEOPLES and ANTHONY J. SINSKEY, Senior Party, (Application 08/922,007). _______________ Patent Interference No. 104,499 _______________ Before TORCZON, SPIEGEL, and GARDNER-LANE, Administrative Patent Judges. GARDNER-LANE, Administrative Patent Judge. JUDGMENT PURSUANT TO 37 CFR § 1.662 Peoples has filed a paper entitled "PEOPLES REQUEST FOR ADVERSE JUDGMENT" (Paper 125). Peoples states that it requests that adverse judgment be entered against it with respect to Count 1. The Peoples statement is treated as a request for adverse judgment under 2 37 CFR § 1.662(a). Somerville has filed a paper entitled "SOMERVILLE, POIRIER, and DENNIS SUBMISSION PURSUANT TO ORDER DATED MARCH 22, 2001" (Paper 128). Attached to the paper is an arbitrator's decision. Somerville asks that judgment be entered against Peoples pursuant to the arbitrator's decision. Somerville states that the arbitrator's decision "confirm[s] cancellation of Peoples and Sinskey's claims 34 to 37 and 42" (Paper 128 at 1); however, the arbitrator denied Peoples preliminary motion 3 seeking to cancel claims 34 to 37 and 42 (arbitrator's decision at 54). Accordingly, claims 34 to 37 and 42 remain in the interference and correspond to Count 1 (see Paper 1 at 47). Somerville has filed a paper entitled "SOMERVILLE, POIRIER, and DENNIS SUBMISSION OF INFORMATION IN CONNECTION WITH THE CONCLUSION OF THE INTERFERENCE" (Paper 129). Neither party has shown that the information contained in the paper filed by Somerville has any bearing on the judgment entered below. 3 ORDER Upon consideration of the record of the interference, it is ORDERED that judgment on priority as to Count 1, the sole count in the interference, is awarded against senior party OLIVER P. PEOPLES and ANTHONY J. SINSKEY; FURTHER ORDERED that senior party OLIVER P. PEOPLES and ANTHONY J. SINSKEY, is not entitled to a patent containing claims 34 to 37 and 42 of application 08/922,007, which correspond to Count 1; and FURTHER ORDERED that a copy of this decision be given a paper number and be entered in the administrative records of Somerville's 5,650,555 patent and Peoples' 08/922,007 application. ______________________________ RICHARD TORCZON ) Administrative Patent Judge ) ) ) ) ______________________________) BOARD OF PATENT CAROL A. SPIEGEL ) APPEALS AND Administrative Patent Judge ) INTERFERENCES ) ) ) ______________________________) SALLY GARDNER-LANE ) Administrative Patent Judge ) 4 cc (via facsimile and first class mail): Counsel for Somerville (real party in interest: The Board of Trustees operating Michigan State University, exclusive licensee: The Procter and Gamble Company): Joel M. Freed, Esq. David R. Marsh, Esq. ARNOLD & PORTER 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 Tel: 202-942-5000 Fax: 202-942-5999 E-mail: None Counsel for Peoples (real party in interest: Massachusetts Institute of Technology exclusive licensee: Metabolix, Inc.): Patrea L. Pabst HOLLAND & KNIGHT 2000 One Atlantic Center 1201 West Peachtree St. Atlanta, GA 30309-3400 Tel: 404-817-8473 Fax: 404-817-8588 E-mail: None Gordon Kit SUGHRUE, MION, ZINN, MACPEAK & SEAS, PLLC 2100 Pennsylvania Ave., N.W. Washington, D.C. 20037-3202 Tel: 202-293-7060 Fax: 202-293-7860 E-mail: gkit@sughrue.com Copy with citationCopy as parenthetical citation