Fisher et al.v.Prasad et al.

Board of Patent Appeals and Interferences

Jan 13, 2004

08739801 (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AND IS NOT BINDING PRECEDENT OF THE BOARD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
FAXED
WALTER G. FISHER, ERIC A. WACHTER
and H. CRAIG DEES,
Junior Party,
(Patent No. 5,829,448) T.ýJ. OfýFICE
POA7V 0-W r"TUNT t PPFALS
r..kri. i;t'nuc'-Azoýk:ss
v .
PARAS N. PRASAD, JAYANT D. BHAWALKAR,
GUANG S. HE, CHAN F. ZHAO
and JAROSLAW ZIEBA,
Senior Party
(Application 09/265,625)
Patent Interference No. 105,13 3
Before LEE, LANE and MEDLEY, Administrative Patent Judizes.
LEE, Administrative Patent Judge.
Judgment
On January 8, 2004, senior party Prasad filed a paper requesting entry of adverse
judgment. The request is granted. It is
ORDERED thatjudgment as to the subject matter of Count I is hereby entered against
senior party PARAS N. PRASAD, JAYANT D. EHAWALKAR, GUANG S. HE, CHAN F.
I
Interference No. 105,133
Fisher v. Prasad
ZHAO and JAROSLAW ZIEBA;
FURTHER ORDERED that senior party PARAS N. PRASAD, JAYANT D.
BHAWALKAR, GUANG S. HE, CHAN F. ZHAO and JAROSLAW ZIEBA is not entitled to
its application claims 290-3 10 and 313-320 which correspond to Count 1;
FURTHER ORDERED that to the extent the senior party desires to abandon claims
additional to those corresponding to the count, it shall take that up with the primary examiner
after termination of the interference;
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.
n Lee
C./Administrative Patent Judge
BOARD OF PATENT
Sally GalAnerLane APPEALS
Administrative Patent Judge AND
INTERFERENCES
ýaily-C- deýrey
Administrative Patent Judge
- 2
Interference No. 105,133
Fisher v. Prasad
By Facsimile
Counsel for Senior Party Prasad:
585-263-1600 (Fax)
Michael L. Goldman, Esq.
1300 Clinton Square
Rochester, New York 14604
Counsel for Junior Party Fisher:
312-236-8576 (Fax)
Edward D. Manzo, Esq.
COOK, ALEX, McFARRON, MANZO,
CUMMINGS & MEHLER, Ltd.
200 W. Adams Street, Suite 2850
Chicago, Illinois 60606
3