Thompsonv.Bich et al.

Patent Trial and Appeal Board

Apr 29, 2013

12132740 (P.T.A.B. Apr. 29, 2013)

BoxInterferences@uspto.gov Paper 53
Tel: 571-272-4683 Entered April 29, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

Patent Interference No. 105,906 (RES)
(From Technology Center 3600)

SCOTT K. THOMPSON,
(12/132,740),
Junior Party,

v.

GARY L. BICH, IMANTS EKIS, RYAN FIGGINS,
and JAMES F. RAYFIELD,
(7,426,819),
Senior Party.

Before: FRED E. McKELVEY, RICHARD E. SCHAFER, and
DEBORAH KATZ, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
Judgment - Request for Adverse – 37 CFR § 41.127(b)
Thompson has filed a notice abandoning the contest. Paper 52. An 1
abandonment of the contest is construed as a request for entry of adverse judgment. 2
37 CFR § 41.127(b)(4). 3
Accordingly, it is 4
ORDERED that judgment on priority as to the subject matter of Count 1 5
(Paper 1, p. 3), is awarded against Application 12/132,740; 6
2

FURTHER ORDERED that claims 1, 3, 4, and 68-71 of 1
Application 12/132,740, corresponding to Count 1, are finally refused 2
(35 U.S.C. § 135(a)); 3
FURTHER ORDERED that a copy of this judgment be made of record in 4
the files of Patent 7,426,819 and Application 12/132,740, and 5
FURTHER ORDERED that if there is any settlement agreement or related 6
documents which have not been filed, attention is directed to 35 U.S.C. § 135(c) 7
and 37 CFR § 41.205. 8

cc: By Electronic Transmission:

Counsel for Senior Party Bich:

Mark Boland, Esq.
Kenneth J. Burchfiel, Esq.
SUGHRUE MION, PLLC
mboland@sughrue.com
kburchfiel@sughrue.com

Counsel for Junior Party Thomas:

Maurice M. Klee, Esq.
Richard G. Miller, Esq.
mk@mauricklee.com
Richard_Miller@LORD.COM