Rozbicki et al.v.Chiang et al.

Patent Trials and Appeals Board

Jul 30, 2013

09965472 - (J) (P.T.A.B. Jul. 30, 2013)

NOTICE: "Any agreement or understanding between parties to an interference, including any
collateral agreements referred to therein, made in connection with or in contemplation of the
termination of the interference, shall be in writing and a true copy thereof filed in the Patent and
Trademark Office before the termination of the interference as between the said parties to the
agreement or understanding." 35 U.S.C. 135(c) (2011); see also Bd.R. 205 (settlement
agreements).

BoxInterferences@uspto.gov Paper 159
Telephone: 571-272-4683 ENTERED: 30 July 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT TRIAL AND APPEAL BOARD

Patent Interference No. 105,898

ROBERT ROZBICKI,
Michal Danek and Erich Klawuhn
(6,607,977),
Junior Party,

v.

TONY CHIANG,
Gongda Yao, Peijun Ding, Fusen E. Chen, Barry L. Chin,
Gene Y. Kohara, Zheng Xu and Hong Zhang
(11/733,671),
Senior Party.

Before: RICHARD TORCZON, JOHN G. NEW and HUNG H. BUI,
Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127(a)
on priority

Interference No. 105,898 Page 2

The junior party (Rozbicki) alleged an earliest priority date
1
later than the
date accorded to the senior party (Chiang).
2
Rozbicki filed a motion attacking
Chiang's written description and patentability, but a panel of the board denied the
motions.
3
Rozbicki sought rehearing of the decision, but the board denied relief.
4

Because Rozbicki has not alleged an earlier priority date for itself and has not
succeeded in depriving Chiang of its earlier priority date, it is appropriate to enter
judgment now on priority without further briefing.
Accordingly—
Judgment on priority is entered against Rozbicki for count 1, the sole count,
5

and
Claims 1-73 of Rozbicki's involved 6,607,977 patent are CANCELED.
6

A copy of this judgment will be entered in the administrative records of the
involved patent and the involved application.

cc:

TODD R. WALTERS and ERIN M. DUNSTON, Buchanan Ingersoll & Rooney PC, of
Alexandria, Virginia.

JOHN R. KENNY and JOSEPH A. COPPOLA, Kenyon & Kenyon LLP, of New York
City, New York.

1
Paper 23 (Roz. Priority Stmt.) at 2.
2
Paper 1 (Decl.) at 5.
3
Paper 154 (Dec. on Mots.).
4
Paper 158 (Dec. on Reh'g).
5
Paper 1 at 4.
6
35 U.S.C. 135(a) (2011).