WORM et al.v.Navarrini

Board of Patent Appeals and Interferences

Mar 10, 2006

09470497 (B.P.A.I. Mar. 10, 2006)

The opinion in support of the decision being entered today is
not binding precedent of the Board.
Paper 101
Filed by: Trial Section Merits Panel
Mail Stop Interference
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
_______________
WALTER NAVARRINI
Junior Party
(Application 09/840,582),
v.
ALLAN T. WORM,
GEORGE G.I. MOORE, MIGUEL A. GUERRA, WERNER SCHWERTFEGER,
KLAUS HINTZER, ZAI-MING QIU and ERIK D. HARE
Senior Party
(Patent 6,255,536).
_______________
Patent Interference No. 105,130
JUDGMENT - MOTIONS - RULE 127
Before: MEDLEY, GAUDETTE and NAGUMO, Administrative Patent Judges.
GAUDETTE, Administrative Patent Judge.
Having decided that neither party’s involved claims are patentable (see Paper 100), it
would serve no useful purpose to continue proceedings and determine which party has priority to
an invention that is not patentable to either party.
Accordingly, it is:
ORDERED that judgment as to the subject matter of Count 1
is herein entered against junior party WALTER NAVARRINI;
FURTHER ORDERED that junior party WALTER NAVARRINI is not
entitled to its application claims 52-57 which correspond to Count 1;
FURTHER ORDERED that judgment as to the subject matter of Count 1 is herein
entered against senior party ALLAN T. WORM, GEORGE G.I. MOORE, MIGUEL A.
GUERRA, WERNER SCHWERTFEGER, KLAUS HINTZER, ZAI-MING QIU and ERIK D.
HARE;
FURTHER ORDERED that senior party ALLAN T. WORM, GEORGE G.I. MOORE,
MIGUEL A. GUERRA, WERNER SCHWERTFEGER, KLAUS HINTZER, ZAI-MING QIU
and ERIK D. HARE is not entitled to its patent claims 7-9 which correspond to Count 1;
FURTHER ORDERED that a copy of this decision shall be placed and given a paper
number in the files of U.S. Patent 6,255,536 and U.S. Application 09/840,582.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135(c) and 37 CFR § 41.205.
/Sally C. Medley/ )
ADMINISTRATIVE PATENT JUDGE )
)
/Linda M. Gaudette/ ) BOARD OF PATENT
ADMINISTRATIVE PATENT JUDGE ) APPEALS AND
) INTERFERENCES
/Mark Nagumo/ )
ADMINISTRATIVE PATENT JUDGE )
cc (via overnight delivery):
Counsel for NAVARRINI:
John R. Kenny, Esq.
KENYON & KENYON
1 Broadway
New York, New York 10004
Tel: 212-425-7200
Counsel for WORM:
Steven B. Kelber, Esq.
MERCHANT & GOULD
901 Fifteenth Street, N.W., Suite 850
Washington, D.C. 20005
Tel: 202-326-0428