Stomp et al.v.Edelman et al.

Board of Patent Appeals and Interferences

Apr 11, 2006

09529172 (B.P.A.I. Apr. 11, 2006)

Edelman filed the request with its motion to redefine the interfering subject matter by
1
substituting Count 2 for Count 1 and having its claims 31 and 33-35 designated as not corresponding to Count
2. (Paper 44). Since that motion was granted, Edelman’s request is directed toward the subject matter of
Count 2 and the claims that correspond to Count 2.
Paper 49
Filed by: Merits Panel Filed
Mail Stop Interference 11 April 2006
P.O. Box 1450
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
MEIR EDELMAN,
AVIHAI PERL, MOSHE FLAISHMAN, and
AMNON BLUMENTHAL,
Junior Party
(Application 09/529,172),
v.
ANNE-MARIE STOMP, and
NIRMALA RAJBHANDARI,
Senior Party
(Patent 6,040,498).
_____________
Patent Interference No. 105,261
_______________
Before Delmendo, Lane, and Moore, Administrative Patent Judges.
Lane, Administrative Patent Judge.
1 Judgment - Request for Adverse - Bd.R. 127(b)
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3 Edelman has filed a request for adverse judgment as to the contested subject
4 matter. (Paper 43, Request).1
The examiner has indicated that claim 3 is not patentable to Edelman on another basis as
2
well (See Form 850, attached to Paper 1).
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1 Upon consideration of the record and for reasons given, it is
2 ORDERED that judgment on priority as to Count 2, the sole count of the
3 interference, is entered against junior party MEIR EDELMAN, AVIHAI PERL, MOSHE
4 FLAISHMAN, and AMNON BLUMENTHAL;
5 FURTHER ORDERED that junior party MEIR EDELMAN, AVIHAI PERL,
6 MOSHE FLAISHMAN, and AMNON BLUMENTHAL is not entitled to a patent
7 containing claims 1-8, 12-18, 21-30, 32, 36, 54-58, and 65-71, which claims2
8 correspond to Count 2;
9 FURTHER ORDERED that, if there is a settlement agreement, the parties
10 are directed to 35 USC 135(b) and Bd.R. 205;
11 FURTHER ORDERED that a copy of this judgment shall be entered into
12 the administrative records of Edelman’s 09/529,172 application and Stomp’s 6,040,498
13 patent.
14
15
16 /Romulo H. Delmendo/ )
17 Administrative Patent Judge )
18 ) BOARD OF PATENT
19 /Sally Gardner Lane/ ) APPEALS AND
20 Administrative Patent Judge ) INTERFERENCES
21 )
22 /James T. Moore/ )
23 Administrative Patent Judge )
24
25
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1 cc (via federal express):
2
3 Counsel for EDELMAN:
4
5 Roger L. Browdy, Esq.
6 BROWDY & NEIMARK PLLC
7 624 Ninth Street, N.W., Suite 300
8 Washington, D.C. 20001
9 Tel: 202-628-5197
10
11 Counsel for STOMP:
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13 Richard P. Vitek, Esq.
14 4140 Parklake Avenue, Suite 600
15 Raleigh, N.C. 27612
16 Tel: 919-854-1400
17