Ex Parte 7138275 et al

Patent Trial and Appeal Board

Mar 4, 2013

95001158 (P.T.A.B. Mar. 4, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
95/001,158 05/01/2009 7138275 674528-5002 8993
28381 7590 03/05/2013
ARNOLD & PORTER LLP
ATTN: IP DOCKETING DEPT.
555 TWELFTH STREET, N.W.
WASHINGTON, DC 20004-1206
EXAMINER
PONNALURI, PADMASHRI
ART UNIT PAPER NUMBER
3991
MAIL DATE DELIVERY MODE
03/05/2013 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE
PATENT TRIAL & APPEAL BOARD
____________

Inter partes,
GHAZI JASWINDER DHOOT
Requester and Appellant

v.

BLASTICON BIOTECHNOLOGISCHE FORSCHUNG GMBH
Patent Owner and Respondent
____________

Appeal 2011-010757
Application 95/001,158
Patent 7,138,275
Technology Center 3900
___________

Before JEFFREY B. ROBERTSON, Administrative Patent Judge

ORDER
BOARD RULE 41.77(f)

This proceeding has been referred to the Board for a finalization of the Board's
Decision mailed April 2, 2012 (hereinafter "Decision"). In that Decision, the
Board affirmed the Examiner's final decision not to reject claims 15-23.1 The
Board reversed the Examiner's final decision to confirm patentability of claims 1-

1 See Decision 11 ("SUMMARY").
Appeal 2011-010757
Reexamination Control No. 95/001,158
Patent No. 7,138,275

2
14.2 The Board entered new grounds of rejection as to claims 1-14 pursuant to
37 C.F.R. § 41.77(b).3
In response to the new ground of rejection, the Patent Owner did not timely file
either a response requesting reopening of prosecution pursuant to 37 C.F.R.
§ 41.77(b)(1) or a request for rehearing based upon the same record pursuant to
37 C.F.R. § 41.77(b)(2). As a consequence, the appeal proceeding as to claims 1-
14 was terminated. See 37 C.F.R. § 41.77(b).
The Board's Decision is now final and appealable to the United States Court of
Appeals for the Federal Circuit, as the parties' rights to request rehearing are
exhausted. See 37 C.F.R. § 41.81, which refers to 37 C.F.R. § 1.983.

ORDER
The decision affirming Examiner's decision not to reject claims 15-23 is final
and appealable.
Appeal proceedings as to claims 1-14 are terminated.
This paper serves as the new decision under 37 C.F.R. § 41.77(f); to the extent
the rule calls for a decision. Any requirement beyond that of the rule is hereby
waived.

2 See Decision 11 ("SUMMARY").
3 See Decision 7-11, 13-14.
Appeal 2011-010757
Reexamination Control No. 95/001,158
Patent No. 7,138,275

3
Counsel for Patent Owner:
ARNOLD & PORTER LLP
ATTN: IP DOCKETING DEPT.
555 TWELFTH STREET, N.W.
WASHINGTON, DC 20004-1206

Counsel for Third Party Requester:
VEDDER PRICE PC
1633 Broadway, 47th Floor
New York, NY 10019