Mizukiv.Nishiura et al.

Patent Trial and Appeal Board

Nov 18, 2013

13058512 (P.T.A.B. Nov. 18, 2013)

BoxInterferences@uspto.gov Paper 11
Telephone: 571-272-4683 Filed: November 18, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________________

CANON KABUSHIKI KAISHA
Junior Party
Application 13/133,631

v.

IDEMITSU KOSAN CO., LTD.
Senior Party
Patent 8,507,900 B2
____________________

Patent Interference 105,969 McK
Technology Center 1700
____________________

Before: FRED E. McKELVEY, Senior Administrative Patent Judge, and 1
RICHARD E. SCHAFER and SALLY GARDNER LANE, Administrative 2
Patent Judges. 3
McKELVEY, Senior Administrative Patent Judge. 4
JUDGMENT 5
On 12 November 2013, the PTAB received the following email 6
communication: 7
Dear Patent Trial and Appeals Board, 8
This letter is to inform you that Canon Kabushiki Kaisha (Real 9
Party in Interest) wishes to withdraw from interference proceedings in 10
Patent Interference No. 105,969 (corresponding to Patent Application 11

Interference 105,969
Declaration

2

Serial No. 13/133,631), and allow the application to go 1
abandoned. Opposing counsel is being copied on this message, per 2
the instructions of the Interferences clerk. 3
Please advise us if there are any other steps we should take to 4
complete this withdrawal, such as the scheduling of a final 5
teleconference. 6
Best Regards, 7
Abigail Cotton 8
Reg. No. 52,773 9
Canon USA, Inc. 10
Intellectual Property Division 11
15975 Alton Parkway 12
Irvine, CA 92618-3731 13
Upon consideration of email, it is 14
ORDERDED that judgment on priority as to Count 1 (the sole count 15
in the interference; Paper 1, page 4) is awarded against Junior Party Canon 16
Kabushiki Kaisha, Chiaki Nishiura, Jun Kamtani, and Hiroyuko Tomono. 17
FURTHER ORDERED that Canon Kabushiki Kaisha, Chiaki 18
Nishiura, Jun Kamtani, and Hiroyuko Tomono are not entitled to a patent 19
containing claims 2-5 (corresponding to Count 1) of: 20
Application 13/133,631, 21
filed 08 June 2011 22
FURTHER ORDERED that claims 2-5 of application 13/133,631 are 23
finally refused. 35 U.S.C. § 135(a). 24
FURTHER ORDERED that if there is a settlement agreement, 25
attention is directed to 35 U.S.C. § 135(c). 26

Interference 105,969
Declaration

3

FURTHER ORDERED that a copy of this JUDGMENT shall be 1
placed in the files of (1) Canon application 13/133,631 and (2) Idemitsu 2
U.S. Patent 8,507,900 B2. 3
FURTHER ORDERED that the Clerk is authorized to distribute the 4
files upon entry of this JUDGMENT. 5
6
Attorney for Canon: 7
8
Canon USA, Inc. 9
Intellectual Property Division 10
15975 Alton Parkway 11
Irvine, CA 92618-3731 12
(408) 468-2860 13
ACotton@cusa.canon.com 14
15
Attorney for Idemitsu: 16
17
George E. Quillin 18
Michael D. Kaminski 19
Benjamin Berkowitz 20
Foley & Lardner 21
gquillin@foley.com 22
mkaminski@foley.com 23
bberkowitz@foley.com 24
25