GANDHI et al.v.Beckmann et al.

Patent Trials and Appeals Board

Jul 8, 2013

10576959 - (J) (P.T.A.B. Jul. 8, 2013)

Mail Stop Interference Paper No. 115
P.O. Box 1450 Entered: July 8, 2013
Alexandria, VA 22313-1450
BoxInterferences@uspto.gov
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD

THOMAS BECKMANN and ALEXANDER MASSNER
Junior Party
(Patent No. 7,584,605)

v.

HAREN S. GANDHI, JOHN VITO CAVATAIO,
ROBERT HENRY HAMMERLE, and
YISUN CHENG
Senior Party
(Application 12/877,901)

Patent Interference No. 105,822 (HHB)
(Technology Center 1700)

Before RICHARD E. SCHAFER, RICHARD TORCZON, and HUNG H. BUI,
Administrative Patent Judges.

BUI, Administrative Patent Judge.

JUDGMENT – 37 CFR §41.127(a)
2

A decision of the Board on motions has been issued holding: (1) Gandhi
Claims 3, 4, 6, and 9 are unpatentable over prior art; and (2) Beckmann Claims 1-4
of Beckmann ‘605 are unpatentable over prior art. Paper 114. Without any
patentable claims from Beckmann, there is no basis for formulating a count
representing the common patentable subject matter of the parties for determining 5
priority. As Beckmann is the junior party, it is appropriate to terminate the
interference at this point to enter judgment.
For the reasons discussed above, it is:
ORDERED that Junior Party, Beckmann Claims 1-4 (corresponding to
Count 1) of Beckmann ‘605 patent will be cancelled pursuant to 35 USC §135(a); 10
FURTHER ORDERED that Gandhi Claims 3, 4, 6, and 9 (corresponding
to Count 1) of Gandhi’s involved application are finally refused pursuant to 35
USC §135(a);
FURTHER ORDERED that a copy of this judgment be made of record in
the files of Beckmann’s involved patent, U.S. Patent No. 7,584,605 and Gandhi’s 15
involved application, U.S. Patent Application No. 12/877,901;
FURTHER ORDERED that if there is any settlement agreement or related
documents which have not been filed, attention is directed to 35 U.S.C. §135(c)
and 37 C.F.R. §41.205.
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3

cc (e-mail):

Attorneys for Beckmann:
Michael H. Jacobs, Esq.
Stephen W. Palan, Esq.
CROWELL & MORING, LLP 5
Intellectual Property Group
MJACOBS@CROWELL.COM
SPALAN@CROWELL.COM

Attorneys for Gandhi: 10
E. Anthony Figg, Esq.
R. Danny Huntington, Esq.
ROTHWELL, FIGG, ERNST & MANBECK, PC
EFIGG@RFEM.COM
DHUNTINGTON@RFEM.COM 15