Zhang et al.v.Cloos et al.

Patent Trial and Appeal Board

Feb 29, 2016

12282485 (P.T.A.B. Feb. 29, 2016)

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BoxInterferences@uspto.gov Entered: 29 February 2016
Tel: 571-272-4683

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

PAUL CLOOS,
KARL AGGER, JESPER CHRISTENSEN,
KLAUS H. HANSEN, and
KRISTIAN HELIN,
Junior Party
(Patent 8,420,335)

v.

YI ZHANG,
YUICHI TSUKADA, KENICHI YAMANE,
and ROBERT JOHN KLOSE,
Senior Party,
(Application 12/091,205)

Patent Interference No. 106,032
(Technology Center 1600)

Before RICHARD E. SCHAFER, SALLY GARDNER LANE, and
DEBORAH KATZ, Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(b)

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Zhang requests adverse judgment. (Request, Paper 69). The request is 1
GRANTED. 2
It is 3
ORDERED that judgment on priority is entered against senior party Zhang 4
as to Count 1, the sole Count, of the interference (Declaration, Paper 1, at 5); 5
FURTHER ORDERED that claims 24-28, 30, 47-52 and 63 of Zhang 6
application 12/091,205, which correspond to Count 1, are FINALLY REFUSED. 7
35 U.S.C. § 135(a);1 8
FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and 9
Bd. R. 205 regarding the filing of settlement agreements; 10
FURTHER ORDERED that a party seeking judicial review timely serve 11
notice on the Director of the United States Patent and Trademark Office. 12
37 C.F.R. §§ 90.1 and 104.2. See also Bd. R. 8(b). Attention is directed to Biogen 13
Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 14
654–57 (Fed. Cir. 2015) (determining that pre-AIA § 146 review was eliminated 15
for interference proceedings declared after September 15, 2012); and 16
FURTHER ORDERED that a copy of this judgment be entered into the 17
administrative records of the involved Cloos patent and Zhang application. 18

1 Any reference to a statute in this Judgment is to the statute that was in effect on March
15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011).

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cc (via e-mail):

Attorney for Cloos:

George E. Quillin
Stephanie H. Vavra
Foley & Lardner LLP
gquillin@foley.com
svavra@foley.com

Attorney for Zhang:

Judith U. Kim
Deborah A. Sterling
Sterne, Kessler, Goldstein & Fox P.L.L.C.
jkim-PTAB@skgf.com
dsterlin-PTAB@skgf.com