Mattner et al.v.Frangione et al.

Patent Trial and Appeal Board

Dec 8, 2015

10571469 (P.T.A.B. Dec. 8, 2015)

BoxInterferences@uspto.gov Entered: December 8, 2015 Entered: December 8, 2015
Tel: 571-272-4683

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

FRANK MATTNER,
and WALTER SCHMIDT,

Junior Party,
(Patent 7,935,252)

v.

BLAS FRANGIONE,
EINAR M. SIGURDSSON, THOMAS WISNIEWSKI,
and JORGE GHISO,

Senior Party,
(Application 13/655,234)

Patent Interference No. 106,042
(Technology Center 1600)

Before: SALLY GARDNER LANE, DEBORAH KATZ, and HUNG H. BUI,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

Judgment– Request for Adverse – Bd.R. 127(b)

Interference 106,042
2

Mattner requests adverse judgment as to Count 1, the sole count of the 1
interference. (Request (Paper 4)). The Request is GRANTED. 2
The parties are directed to 35 U.S.C. § 135(c)
1
and to Bd. R. 205 regarding 3
the filing of settlement agreements although we note that in the Request Mattner 4
indicates that “[t]here are no agreements between the Party Mattner et al. and the 5
party FRANGIONE et al. relating to this interference.” 6
It is: 7
ORDERED that judgment on priority as to Count 1 (Declaration 8
(Paper 1) at 4), the sole count of the interference, is entered against junior party 9
Mattner; 10
FURTHER ORDERED that claims 1–7 of Mattner patent 7,935,252, 11
which claims correspond to Count 1, are CANCELLED; 35 U.S.C. § 135(a); and 12
FURTHER ORDERED that a copy of this judgment shall be entered 13
into the administrative record of the involved Mattner patent and Frangione 14
application. 15

1
Any reference to a statute herein 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).
Interference 106,042
3

Counsel for Mattner: 1
2
Daniel J. Pereira, Esq. 3
dpereira@oblon.com 4
5
6
Counsel for Frangione: 7
8
Irina Vainberg 9
Irina.vainberg@troutmansanders.com 10
11