LI et al.v.Buelter et all.Download PDFPatent Trial and Appeal BoardDec 18, 201713271084 (P.T.A.B. Dec. 18, 2017) Copy Citation BoxInterferences@uspto.gov Filed: December 18, 2017 Tel: 571-272-9797 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD THOMAS BUELTER, PETER MEINHOLD, REID M. RENNY FELDMAN, ANDREW HAWKINS, SABINE BASTIAN, FRANCES ARNOLD, and JUN URANO, Junior Party (Application 13/271,084) v. YOUGEN LI, DER-ING LIAO, MARK J. NELSON, DANIEL P. OKEEFE, and JEAN-FRANCOIS TOMB, Senior Party (Patent 8,222,017). Patent Interference No. 106,088 (Technology Center 1600) Before RICHARD E. SCHAFER, SALLY GARDNER LANE, and DEBORAH KATZ, Administrative Patent Judges. LANE, Administrative Patent Judge. JUDGMENT - Bd. R. 127(b) -2- On December 14, 2017 counsel for junior party Buelter informed the Board via email communication that it would be expressly abandoning its involved application. (See attached email communication). USPTO records show that a letter of express abandonment was filed in the involved Buelter application on that same day. (See application 13/271,084, Letter of express abandonment filed December 14, 2017). Abandoning the involved application such that a party no longer has an application or patent involved in the interference is construed as a request for adverse judgment. Bd. R. 127(b) (1). Order It is ORDERED that judgment on priority as to Count 1, the sole count of the interference, is entered against junior party Buelter (Declaration, Paper 1, at 4); FURTHER ORDERED that claims 20-22 of Buelter application 13/271,084, which correspond to Count 1, are FINALLY REFUSED. 35 U.S.C. § 135(a);1 FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and Bd. R. 205 regarding the filing of settlement agreements; and FURTHER ORDERED that a copy of this judgment be entered into the administrative records of the involved Li patent and Buelter application. 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). -3- cc: Attorney for Buetler: Anne Fleckenstein afleckenstein@cooley.com Erich Veitenheimer eveitenheimer@cooley.com Bonnie Weiss McLeod bweissmcleod@cooley.com Michael Tuscan mtuscan@cooley.com Carol Phillip-Nouchet cphillipnouchet@cooley.com Attorney for Li: Butamax Advanced Biofuels LLC Legal Patent Records Center Chestnut Run Plaza 721/2340 974 Centre Road P.O. Box 2915 Wilmington, DE 19805 1 Kattula, Amy From: Kattula, Amy Sent: Monday, December 18, 2017 10:44 AM To: Kattula, Amy Subject: FW: email attachment for judgment in 106088 From: Fleckenstein, Anne [mailto:afleckenstein@cooley.com] Sent: Thursday, December 14, 2017 1:07 PM To: Interference Trial Section Cc: Veitenheimer, Erich ; McLeod, Bonnie Weiss ; Tuscan, Michael ; Phillip-Nouchet, Carol Subject: Interference No. 106,088 (Technology Center 1600); Junior Party Buelter et al. Notice of Abandonment of Application No. 13/271,084 Re: Interference No. 106,088 Junior Party Buelter et al.; U.S. Application No. 13/271,084 Senior Party Yougen et al.; U. S. Patent No. 8,222,017 This notice is to inform you that Junior Party Buelter is expressly abandoning the underlying application in this interference (US Appln. No. 13/271,084). It is our understanding this will terminate the instant Interference Proceedings. Best regards, Anne Fleckenstein Anne Fleckenstein, Ph.D., J.D. Cooley LLP 1299 Pennsylvania Avenue, NW • Suite 700 (enter from 12th and E Streets) Washington, DC 20004-2400 Direct: (202) 728-7030 • Fax: (202) 842-7899 Email: afleckenstein@cooley.com • www.cooley.com This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System Administrator. Copy with citationCopy as parenthetical citation