LI et al.v.Buelter et all.

Patent Trial and Appeal Board

Dec 18, 2017

13271084 (P.T.A.B. Dec. 18, 2017)

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

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