Sommerville et al.

Board of Patent Appeals and Interferences

Sep 14, 2001

08472358 (B.P.A.I. Sep. 14, 2001)

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and is not binding precedent of the Board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
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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.
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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 )
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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