CARTER et al.v.Adair et al.

Board of Patent Appeals and Interferences

Sep 2, 2010

11284261 (B.P.A.I. Sep. 2, 2010)

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Paper 81
Mail Stop Interference
P.O. Box 1450 Filed 2 September 2010
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

PAUL J. CARTER AND LEONARD G. PRESTIA
Junior Party
(Patent 6,407,213),

v.

JOHN ROBERT ADAIR, DILGEET SINGH ATHWAL,
and JOHN SPENCER EMTAGE
Senior Party
(Application No. 11/284,261),

Patent Interference No. 105,744
(Technology Center 1600)

Before SALLY GARDNER LANE, RICHARD TORCZON, and SALLY C. MEDLEY,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

Judgment– Merits – Bd. R. 127
The Carter motion for judgment on the basis that the single involved Adair claim
is barred under 35 U.S.C. § 135(b) was granted. (Paper 80). Because Adair no longer
has an interfering claim that is not barred under 35 U.S.C. §135(b) it is appropriate to

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enter judgment against Adair. Berman v. Housey, 291 F.3d 1345, 1351 (Fed. Cir.
2002).
It is
ORDERED that judgment on priority as to Count 1 (Paper 1 at 4), the sole
count of the interference, is entered against senior party Adair;
FURTHER ORDERED that claim 24 of Adair application 11/284,261,
which claim corresponds to Count 1 (Paper 1 at 4), is FINALLY REFUSED, 35 U.S.C.
§135(a):
FURTHER ORDERED that if there is a settlement agreement, the parties
are directed to 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 Carter involved patent and application and the Adair
involved application.

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cc (via electronic filing):

Attorney for CARTER:

Oliver R. Ashe, Jr., Esq.
ASHE, P.C.
11440 Isaac Newton Square, North
Suite 210
Reston, VA 20190
Tel: 703-467-9001
Email: oashe@ashepc.com

Attorney for ADAIR:
Doreen Yatko Trujillo, Esq.
Michael B. Fein, Esq.
COZEN O’CONNOR P.C.
1900 Market Street
Philadelphia, PA 19103
Tel: 215-665-5593
Email: dtrujillo@cozen.com