Ex Parte 7,618,303 et al

Patent Trial and Appeal Board

Feb 12, 2013

95001422 (P.T.A.B. Feb. 12, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE
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.
95/001,422 08/24/2010 7,618,303 GANZ-36219US27 4266
26206 7590 06/04/2013
Pearne & Gordon LLP
1801 East 9th Street
Suite 1200
Cleveland, OH 44114-3108
EXAMINER
KISS, ERIC B
ART UNIT PAPER NUMBER
3992
MAIL DATE DELIVERY MODE
06/04/2013 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
____________

HASBRO, INC.
Requester and Appellant

v.

GANZ
Patent Owner and Respondent
____________________

Appeal 2013-001726
Reexamination Control 95/001,422
Patent 7,618,303 B2
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 February 13, 2013 (hereinafter "Decision"). In that
Decision, the Board affirmed the Examiner’s refusal to adopt the Requester’s
proposed rejections of claims 1, 5, 6, and 24-26, and the Board reversed the
Examiner’s refusal to adopt the Requester’s proposed rejections of claims 8, 10,
19, 21, 22, and 27.
Appeal 2013-001726
Reexamination Control 95/001,422
Patent 7,618,303 B2

2
The Board entered new grounds of rejection as to claims 8, 10, 19, 21, 22, and
27 pursuant to 37 C.F.R. § 41.77(b) in the Decision.
1
Patent Owner had canceled
claims 7, 14, and 23.
In response to the new grounds of rejection, the Patent Owner filed a response
on March 13, 2013, indicating that neither a request for reopening of prosecution
pursuant to 37 C.F.R. § 41.77(b)(1) nor a request for a rehearing based upon the
same record pursuant to 37 C.F.R. § 41.77(b)(2) was filed. As a consequence, the
appeal proceeding as to claims 8, 10, 19, 21, 22, and 27 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 1, 5, 6, and 24-
26 is final and appealable.
Appeal proceedings as to claims 8, 10, 19, 21, 22, and 27 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.

1
See Decision 8.
Appeal 2013-001726
Reexamination Control 95/001,422
Patent 7,618,303 B2

3
Counsel for Patent Owner:

Pearne & Gordon, LLP
1801 East 9th Street
Suite 1200
Cleveland, OH 44114-3108

Counsel for Third Party Requester:

Perkins Coie, LLP
P.O. Box 1208
Seattle, WA 98111-1208