Gandhi et al.v.Beckmann et al.Download PDFPatent Trial and Appeal BoardJul 8, 201312877901 (P.T.A.B. Jul. 8, 2013) Copy Citation Mail Stop Interference Paper No. 115 P.O. Box 1450 Entered: July 8, 2013 Alexandria, VA 22313-1450 BoxInterferences@uspto.gov Tel: 571-272-4683 Fax: 571-273-0042 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD THOMAS BECKMANN and ALEXANDER MASSNER Junior Party (Patent No. 7,584,605) v. HAREN S. GANDHI, JOHN VITO CAVATAIO, ROBERT HENRY HAMMERLE, and YISUN CHENG Senior Party (Application 12/877,901) Patent Interference No. 105,822 (HHB) (Technology Center 1700) Before RICHARD E. SCHAFER, RICHARD TORCZON, and HUNG H. BUI, Administrative Patent Judges. BUI, Administrative Patent Judge. JUDGMENT – 37 CFR §41.127(a) 2 A decision of the Board on motions has been issued holding: (1) Gandhi Claims 3, 4, 6, and 9 are unpatentable over prior art; and (2) Beckmann Claims 1-4 of Beckmann ‘605 are unpatentable over prior art. Paper 114. Without any patentable claims from Beckmann, there is no basis for formulating a count representing the common patentable subject matter of the parties for determining 5 priority. As Beckmann is the junior party, it is appropriate to terminate the interference at this point to enter judgment. For the reasons discussed above, it is: ORDERED that Junior Party, Beckmann Claims 1-4 (corresponding to Count 1) of Beckmann ‘605 patent will be cancelled pursuant to 35 USC §135(a); 10 FURTHER ORDERED that Gandhi Claims 3, 4, 6, and 9 (corresponding to Count 1) of Gandhi’s involved application are finally refused pursuant to 35 USC §135(a); FURTHER ORDERED that a copy of this judgment be made of record in the files of Beckmann’s involved patent, U.S. Patent No. 7,584,605 and Gandhi’s 15 involved application, U.S. Patent Application No. 12/877,901; FURTHER ORDERED that if there is any settlement agreement or related documents which have not been filed, attention is directed to 35 U.S.C. §135(c) and 37 C.F.R. §41.205. 20 3 cc (e-mail): Attorneys for Beckmann: Michael H. Jacobs, Esq. Stephen W. Palan, Esq. CROWELL & MORING, LLP 5 Intellectual Property Group MJACOBS@CROWELL.COM SPALAN@CROWELL.COM Attorneys for Gandhi: 10 E. Anthony Figg, Esq. R. Danny Huntington, Esq. ROTHWELL, FIGG, ERNST & MANBECK, PC EFIGG@RFEM.COM DHUNTINGTON@RFEM.COM 15 Copy with citationCopy as parenthetical citation