Dionex Softron GMBH

Patent Trials and Appeals Board

Feb 25, 2021

106087 (P.T.A.B. Feb. 25, 2021)

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BoxInterferences@uspto.gov Entered: February 25, 2021
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEALS BOARD

Agilent Technologies, Inc.,
Junior Party
(Application 15/622,913,
Inventors: Bernd Glatz and Wolfgang Kretz),

v.

Dionex Softron GMBH,
Senior Party
(Application 14/454,563
Inventor: Hermann Hochgraeber).

Patent Interference 106,087 (SGL)
(Technology Center 2800)

Before: SALLY GARDNER LANE, JAMES T. MOORE, and DEBORAH KATZ,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(a)

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A decision granting Agilent Technologies, Inc. (Agilent) Motion 4 for 1
judgment on the basis of priority has been entered. (Decision, Paper 267). 2
Order 3
It is 4
ORDERED that judgment on priority is entered against senior party Dionex 5
as to Count 2, the sole Count of the interference (Redeclaration, Paper 185, 2); 6
FURTHER ORDERED that claims 25, 3-6, 21 and 22 of Dionex application 7
14/454,563, which correspond to Count 2, are FINALLY REFUSED. 8
(Redeclaration, Paper 185, 2); 35 U.S.C. § 135(a); 1, 2 9
FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and 10
Bd. R. 205 regarding the filing of settlement agreements; 11
FURTHER ORDERED that a party seeking judicial review timely serve 12
notice on the Director of the United States Patent and Trademark Office; 13
37 C.F.R. §§ 90.1 and 104.2. See also Bd. R. 8(b). 14
FURTHER ORDERED that a copy of this judgment be entered into the 15
administrative records of the involved Agilent and Dionex applications. 16
17

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).

2 As a result of the Decision on non-priority motions, Dionex claims 1, 8-13,
15-19, 23, and 24 were finally refused. (Decision, Paper 184; Redeclaration, Paper
185, fn. 1).

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cc (electronic delivery):

Attorney for Agilent:

John B. Sganga
Philip M. Nelson
Ted M. Cannon
David G. Jankowski
KNOBBE, MARTENS, OLSON & BEAR LLP
BoxAGILENT2@knobbe.com

Attorney for Dionex:

A. James Isbester
David B. Rackowski
KILPATRICK TOWNSEND & STOCKTON LLP
jisbester@kilparticktowsend.com
drackowski@kilparticktowsend.com