Kontermann et al.v.Little et al.

Board of Patent Appeals and Interferences

Aug 31, 2012

12545247 (B.P.A.I. Aug. 31, 2012)

BoxInterferences@uspto.gov Paper 35
Telephone: 571-272-4683 Entered: 31 August 2012

UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES
____________________

Patent Interference 105,880 LG
Technology Center 1600
____________________

ROLAND KONTERMANN,
HANS-HARALD SEDLACEK, and ROLF MUELLER

Application 12/545,247,
Junior Party,

v.

MELVYN LITTLE and SERGEJ KIPRIYANOV,

Patent 7,507,796,
Senior Party.
____________________

Before: FRED E. McKELVEY, RICHARD TORCZON, and 1
LORA M. GREEN, Administrative Patent Judges. 2
3
GREEN, Administrative Patent Judge. 4
5
JUDGMENT 6
Kontermann has filed a REQUEST FOR ADVERSE JUDGMENT 7
(Paper 34): 8
An agreement has been reached to settle Interference No. 9
105,880 and accordingly, pursuant to 37 C.F.R. §41.127(b), 10
Party Kontermann hereby requests entry of adverse judgment 11
with respect to Count 1 in Interference No. 105,880. 12
2

1
Upon consideration of the REQUEST: 2
ORDERED that judgment on priority as to Count 1 (the sole 3
count in the interference; Paper 1, pages 6-7) is awarded against Junior Party 4
Kontermann. 5
FURTHER ORDERED that Junior Party Kontermann is not 6
entitled to a patent containing claims 1-4 (corresponding to Count 1) of: 7
Application 12/545,247. 8
FURTHER ORDERED that claims 1-4 of application 9
12/545,247 are finally refused. 35 U.S.C. § 135(a). 10
FURTHER ORDERED that if there is a settlement agreement, 11
attention is directed to 35 U.S.C. § 135(c). 12
FURTHER ORDERED that a copy of this JUDGMENT shall 13
be placed in the files of (1) Application No. 12/545,247 and (2) Patent 14
7,507,796. 15
FURTHER ORDERED that the Clerk is directed to distribute 16
the files upon entry of this JUDGMENT. 17

3

cc (electronic transmission): 1
2
Attorney for Kontermann: 3
4
Lawrence M. Green, Esq. 5
Edward R. Gates, Esq. 6
WOLF, GREENFIELD & SACKS, PC 7
Email: PAT-LawrenceGreen@wolfgreenfield.com 8
Email: Edward.Gates@wolfgreenfield.com 9
10
Attorney for Little: 11
12
Peter R. Munson, Esq. 13
Lorelei P. Westin, Esq. 14
Michael T. Rosato, Esq. 15
WILSON SONSINI GOODRICH & ROSATI, PC 16
Email: pmunson@wsgr.com 17
Email: lwestin@wsgr.com 18
Email: mrosato@wsgr.com 19
Email: patentdocket@wsgr.com 20