Abraham et al.v.Kawahara et al. V. Kawahara et al.

Board of Patent Appeals and Interferences

Aug 15, 2012

10979821 (B.P.A.I. Aug. 15, 2012)

Paper 27
Mail Stop Interference
P.O. Box 1450 Filed August 15, 2012
Alexandria, VA 22313-1450
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

SHIGERU KAWAHARA, YUSUKE AMINO, KENICHI MORI,
NAO FUNAKOSHI, and TADASHI TAKEMOTO

Junior Party
(Patent 7,064,219 B2 and Patent 7,678,925),

v.

TIMOTHY W. ABRAHAM, DOUGLAS C. CAMERON, PAULA M. HICKS,
SARA C. McFARLAN, JIM MILLIS, JOHN ROSAZZA, LISHAN ZHAO, and
DAVID P. WEINER

Senior Party
(Application 10/979,821).
_______________________

Patent Interference No. 105,869 (SGL)
(Technology Center 1600)

Before: RICHARD SCHAFER, SALLY GARDNER LANE, and SALLY MEDLEY,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

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

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Kawahara has filed a paper requesting adverse judgment as to Count 1 of the
interference. (Paper 23.) Abraham has filed a paper requesting adverse judgment as
to Count 2 of the interference. (Paper 24.) Each party’s request is GRANTED.
Accordingly, it is
ORDERED that judgment on priority as to Count 11 is entered against
junior party Kawahara;
FURTHER ORDERED that claims 1-10 of Kawahara patent 7,064,219 B2,
which claims correspond to Count 1 (105,696, Paper 1 (Declaration) at 7 and Paper 98
(Redeclaration)), are CANCELLED, 35 U.S.C.§135(a);
FURTHER ORDERED that judgment on priority as to Count 2 is entered
against senior party Abraham;
FURTHER ORDERED that claim 1932 of Abraham application 10/979,821,
which claim corresponds to Count 2 (105,869, Paper 1 (Declaration) at 4), is FINALLY
REFUSED, 35 U.S.C.§135(a);
FURTHER ORDERED that the parties note the requirements of 35 U.S.C.
§135(c) and Bd.R. 205; and
FURTHER ORDERED that a copy of this judgment shall be entered into
the administrative record of the involved Kawahara patents and Abraham application.

1 Count 1 was carried forward from interference 105,696 (Paper 1 (Declaration))
which was consolidated with the present interference (105,869 at Paper 3) and
thereafter terminated. (105,696 at Paper 114.)

2 The Abraham motion to add claim 193 (105,696 at Paper 108) was granted.
(105,696 at Paper 193.)

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cc (via electronic filing):

Counsel for Kawahara:

Richard D. Kelly, Esq.
Stephen G. Baxter, Esq.
OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, PC
1940 Duke Street
Alexandria, VA 22314
Tel: 703-412-6241
Email: rkelly@oblon.com
Email: sbaxter@oblon.com

Counsel for Abraham:

Todd R. Walters, Esq.
Erin M. Dunston, Esq.
BUCHANAN INGERSOLL & ROONEY PC
1737 King Street, Suite 500
Alexandria, VA 22314
Tel: 703-866-6620
Email: todd.walters@bipc.com
Email: erin.dunston@bipc.com