YEN et al.v.Seeley

Board of Patent Appeals and Interferences

Apr 26, 2006

09555554 (B.P.A.I. Apr. 26, 2006)

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Paper 10
Mail Stop Interference
P.O. Box 1450 Filed April 26, 2006
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
1 AND INTERFERENCES
2
3 TODD W. SEELEY
4 Junior Party
5 (Application 10/084,700),
6
7 v.
8
9 TIMOTHY YEN,
10 GORDON CHAN, and SANDRA JABLONSKI
11 Senior Party
12 (Patent 6,593,098).
13
14 Patent Interference No. 105,400)
15 (Technology Center 1600)
16
17 Before Lane, Tierney, and Moore, Administrative Patent Judges.
18
19 Lane, Administrative Patent Judge.
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21 Judgment - Request for Adverse - Bd.R. 127(b)
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23 Junior party Seeley has filed a paper in which it states that it is abandoning the
24 contest as to the sole count in the interference. Seeley further states that it has filed a
25 notice of express abandonment in the involved Seeley applicaiton. (Paper 6).
26 Upon consideration of the record and for reasons given, it is
27 ORDERED that judgment on priority as to Count 1, the sole count of the
28 interference, is awarded against junior party TODD W. SEELEY;
1 The involved Seeley application contains claims 4 and 42. The Declaration is ambiguous in that it
indicates that Seeley claim 4 corresponds to Count 1 but also indicates that the claim does not correspond to
Count 1 and is not involved in the interference. (Paper 1 at 4). A review of the record indicates that claim 4
should not have been designated as corresponding to Count 1 (See, e.g., “Interference Initial Memorandum”
attached to the Declaration.).
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1 FURTHER ORDERED that junior party TODD W. SEELEY is not entitled
2 to a patent containing claim 42 of application 10/084,700, which claim corresponds to
3 Count 1, the sole count of the interference; 1
4 FURTHER ORDERED that, if there is a settlement agreement, the parties
5 are directed to 35 USC 135(c) and Bd.R. 205;
6 FURTHER ORDERED that a copy of this judgment shall be entered into
7 the administrative records of Seeley’s 10/084,700 and Yen’s 6,593,098 patent.
8
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10 /ss/Sally Gardner Lane )
11 Sally Gardner Lane )
12 Administrative Patent Judge )
13 )
14 )
15 /ss/ Michael P. Tierney )
16 MICHAEL P. TIERNEY ) BOARD OF PATENT
17 Administrative Patent Judge ) APPEALS AND
18 ) INTERFERENCES
19 )
20 /ss/ James T. Moore )
21 JAMES T. MOORE )
22 Administrative Patent Judge )
23
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1 cc (via e-mail):
2
3 Lead Counsel for Yen:
4 Kathleen D. Rigaut
5 Dann, Dorfman, Herrell and Skillman P.C.
6 Suite 2400
7 1601 Market Street
8 Philadelphia, PA 19103-2307
E-mail: krigaut@ddhs.com9
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12 Lead Counsel for Seeley:
13 Lisa M. Hemmendinger
14 Banner & Witcoff, Ltd.
15 1001 G. Street, N.W.
16 Washington, DC 20001-4597
Email: lhemmendinger@bannerwitcoff.com17
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