Wanlass et al.v.Iles et al.

Patent Trial and Appeal Board

Nov 29, 2012

10515243 (P.T.A.B. Nov. 29, 2012)

BoxInterferences@uspto.gov Paper 141
Telephone: 571-272-4683 Filed: November 29, 2012

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

PETER A. ILES, FRANK F. HO and YEA-CHUAN M. YEH
Junior Party
(Patent 6,951,819)1

v.

MARK W. WANLASS and JEFFREY J. CARAPELLA
Senior Party
(Application 10/515,243)2

Patent Interference No. 105,821 (JL)
(Technology Center 1700)

Before: JAMESON LEE, SALLY GARDNER LANE, and SALLY C. MEDLEY,
Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment – Request for Adverse – Bd. R. 127(b)
On November 27, 2012, senior party Wanlass filed a request for entry of

1 Based on Application 10/728,103, filed December 4, 2003. The real party in interest is
Ostendo Technologies, Inc. and Blue Photonics, Inc. Accorded the benefit of Provisional
Application 60/431,334, filed December 5, 2002.

2 Filed November 19, 2004. The real parties in interest are Alliance for Sustainable Energy,
LLC; United States Government as represented by the Department of Energy; and Solergy, Inc.
Accorded the benefit of PCT/US02/16101, filed May 21, 2002.
Interference No. 105,821
Iles v. Wanlass

-2-
adverse judgment with respect to the subject matter of the count. The request is
granted.
Senior party Wanlass also requested that we indicate that Wanlass, in
requesting entry of adverse judgment, still intends to seek judicial review of the
denial of its Motion 1 which asserts that Wanlass claims 43, 60, 61, 64, and 65
should be designated as not corresponding to the count. Party Iles does not object
to such indication. It is herein so indicated.
It is
ORDERED that judgment with respect to the subject matter of Count 1 is
herein entered against senior party MARK W. WANLASS and JEFFREY J.
CARAPELLA;
FURTHER ORDERED that involved claims 43, 45-61, 64, and 65 of
senior party’s Application 10/515,243 are finally refused;
FURTHER ORDERED that the parties shall note the requirements of
35 U.S.C. §135(c) and Bd.R. 205;
FURTHER ORDERED that a copy of this judgment shall be entered into
the file of Patent 6,951,819, and Application 10/515,243.
Interference No. 105,821
Iles v. Wanlass

-3-
By Electronic Transmission:

Attorneys for Junior Party Iles:

R. Danny Huntington, Esq.
William N. Hughet, Esq.
Rothwell, Figg, Ernst & Manbeck P.C.
dhuntington@rfem.com
whughet@rfem.com

Jim Henry, Esq.
Blakely, Sokoloff, Taylor & Zafman, LLP
jim_henry@bstz.com

Attorneys for Senior Party Wanlass:

Mark D. Sweet
Finnegan, Henderson, Farabow, Garrett & Dunner
mark.sweet@finnegan.com

John C. Stolpa, Esq.
W. LaNelle Owens, Esq.
Paul J. White, Esq.
National Renewable Energy Laboratory
john.stolpa@nrel.gov
lanelle.owens@nrel.gov
paul.white@nrel.gov