Gierbolini et al.v.Mooney

Board of Patent Appeals and Interferences

Jul 20, 2007

10835366 (B.P.A.I. Jul. 20, 2007)

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BoxInterferences@uspto.gov Paper 71
Telephone: 571-272-9797 Filed July 20, 2007

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
______________
LUIS GIERBOLINI and DENNIS J. GOSS
Junior Party
(Patent 6,557,570),

v.

JOSEPH E. MOONEY
Senior Party
(Application 10/835,366).
_______________
Patent Interference No. 105,401 (SCM)
(Technology Center 1700)

Before: LEE, MEDLEY and TIERNEY, Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

Judgment - Bd.R. 127(b) 1
On 13 July 2007, the board received from Mooney “MOONEY’S 2
REQUEST FOR ADVERSE JUDGMENT” in which Mooney requests adverse 3
judgment on the basis that it has expressly abandoned its involved application 4
(Paper 68). A copy of the Request for Express Abandonment of 10/835,366 was 5
filed with the Board the same day (Paper 70). 6
Accordingly, it is 7

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ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) in the 1
interference is awarded against senior party JOSEPH E. MOONEY. 2
FURTHER ORDERED that senior party JOSEPH E. MOONEY is not 3
entitled to a patent containing claims 36-41 and 43-49 (corresponding to Count 1) 4
of application 10/835,366. 5
FURTHER ORDERED that a copy of this paper shall be made of record in 6
the files of application 10/835,366 and U.S. Patent 6,557,570. 7
FURTHER ORDERED that the Express Abandonment be entered into the 8
record of 10/835,366; and 9
FURTHER ORDERED that if there is a settlement agreement, attention is 10
directed to 35 U.S.C. ' 135(c) and Bd.R. 205. 11
12
/Jameson Lee/ )
JAMESON LEE )
Administrative Patent Judge )
)
)
/Sally C. Medley/ )BOARD OF PATENT
SALLY C. MEDLEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
/Michael P. Tierney/ )
MICHAEL P. TIERNEY )
Administrative Patent Judge )

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cc (via FAX):

Attorney for GIERBOLINI:

John G. Mills
FAX: 301-757-2940

Walter T. Brown
FAX: 202-307-0345

Attorney for MOONEY:

John R. Mattingly
Daniel J. Stanger
Shrinath Malur
FAX: 703-684-1157