Sundbyv.Roth et al.

Board of Patent Appeals and Interferences

Feb 12, 2001

08787979 (B.P.A.I. Feb. 12, 2001)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper No. 44
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
_______________
DALE SUNDBY
Junior Party
(Patent 08/819,190),
v.
DAVID W. ROTH and DYLAN SALISBURY
Senior Party
(Application 08/787,979).
_______________
Patent Interference No. 104,443
_______________
Before LEE, GARDNER-LANE and MEDLEY, Administrative Patent
Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
On January 17, 2001, junior party Sundby was ordered to show
cause why adverse judgment as to the subject matter of the count
should not be entered against Sundby. (Paper 43). Junior party
had 20 days from January 17, 2001 to respond to the ORDER TO SHOW
CAUSE. Junior party Sundby has not responded. During a
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telephone conference call initiated by Board personnel on
February 7, 2001, counsel for party Sundby indicated that party
Sundby will not respond to the ORDER TO SHOW CAUSE.
Upon consideration of the record, it is
ORDERED that judgment on priority as to Count 1 (Paper
1 at 49), the sole count in the interference, is awarded against
junior party Dale Sundby.
FURTHER ORDERED that junior party Dale Sundby is not
entitled to a patent containing claim 19 (corresponding to Count
1) of application 08/819,190, filed 17 March 1997.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/819,190 and application
08/787,979.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661.
______________________________)
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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cc (via federal express and facsimile):
Attorney for Sundby:
E. Robert Yoches
Finnegan, Henderson, Farabow,
Garrett & Dunner, L.L.P
1300 I Street, N.W., Suite 700
Washington, D.C. 20005-3315
(202) 408-4400
Attorney for Roth:
Bradley J. Bereznak
Blakely, Sokoloff, Taylor, & Zafman, LLP
1279 Oakmead Parkway
Sunnyvale, CA 94086
(408) 720-9397