Ex Parte Marshall

Board of Patent Appeals and Interferences

Jan 13, 2004

08826861 (B.P.A.I. Jan. 13, 2004)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 29
Mail Stop Interference
P. 0. Box 1450
Alexandria, VA 22313-1450
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
GEORGE H. PETRIDES
Junior Party
(Application Nos. 08/682,296' and 08/916,782 2) FAXED
V.
JAIN 1 '-ý 11"ON
PATRICK T. MARSHALL
PPT. T161. CIFFICS
Senior Party
(Application 6,213,054)'
Patent Interference No. 105,150
Before LEE, SPIEGEL and NAGUMO, Administrative Patent Judges.
LEE, Administrative Patent Judge.
judgmen
I Filed July 17, 1996.
2 Filed August 25, 1997. Accorded the benefit of application 08/682,296, filed July 17,
1996.
3 Based on application 08/826,861, filed April 11, 1997. Accorded the benefit of
application 60/021,759, filed July 15, 1996.
Interference No. 105,150
Petrides v. Marshall
On December 15, 2003, junior party Petrides filed papers expressly abandoning its two
involved applications 08/682,296 and 08/916,782. Those papers have now been entered into
respective associated application files. Per 37 CFR § 1.662(a), abandonment of a party's
involved application is regarded as a request for entry of adverse judgment. The request is
2ranted. It is
ORDERED that judgment as to the subject matter of Count I is hereby entered against
junior party GEORGE H. PETRIDES;
FURTHER ORDERED that junior party GEORGE H. PETRIDES is not entitled to
claims 1, 7-9 and 13-16 of its involved application 08/682,296 which correspond to Count 1, and
also is not entitled to claims 1-5, 8-11 and 14-16 of its involved application 08/916,782, which
correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
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Interference No. 105,150
Petrides v. Marshall
;son Lee
dministrative Patent Judge
BOARD OF PATENT
Carol A. SpieýA APPEALS
Administrative Patent Judge AND
INTERFERENCES
Mark Nagurno,
Administrative Paiý/Judge
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Interference No. 105,150
Petrides v. Marshall
By Facsimile
Counsel for Junior Party Petrides:
410-280-6758 (Fax)
Lawrence E. Laubscher, Jr.
1160 SpaRoad, Suite 2B
Annapolis, Maryland 21403
Counsel for Senior Party Marshall:
202-220-4201 (Fax)
C. Kyle Musgrove, Esq.
Kenyon & Kenyon
1500 K Street, N.W.
Washington, D.C. 20005
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