Pistor et al.v.Face et al.

Board of Patent Appeals and Interferences

May 30, 2012

10188633 (B.P.A.I. May. 30, 2012)

Mail Stop Interference Paper: 257
P.O. Box 1450 Filed: 30 May 2012
Alexandria, VA 22313-1450
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

EnOcean GMBH,
Junior Party
(Application 10/304,121,
Inventors: Klaus Pistor and Frank Schmidt),

v.

Face International Corporation,
Senior Party
(Patent 7,084,529,
Inventors: Bradbury R. Face, Clark Davis Boyd,
Glenn F. Rogers, Jr., and Gregory P. Thomas;
Application 12/399,954
Inventors: Bradbury R. Face, Clark Davis Boyd,
Glenn F. Rogers, Jr., and Gregory P. Thomas).

Patent Interference No. 105,755 (RES)
(Technology Center 2600)

Before RICHARD E. SCHAFER, JAMESON LEE, and
RICHARD M. LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge
Judgment - 37 CFR § 41.127(a)
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A decision of the Board has been issued holding all of the parties’ involved
claims unpatentable over prior art. Paper 256. Without any patentable claims,
there is no basis upon which to form a count suitable for determining priority and,
therefore, no basis for proceeding to the priority phase of the interference.
Accordingly, it is appropriate to enter judgment against both parties at this time.
ORDERED that judgment as to the subject matter of Count 1 (Paper 32, p.
2) is awarded against the junior party, EnOcean GmbH;
FURTHER ORDERED that claims 29, 30, 32, 33, 37-41, and 43-45
(corresponding to Count 1) of EnOcean Application 10/304,121 are finally refused
(35 U.S.C. § 135(a));
FURTHER ORDERED that judgment as to the subject matter of Count 1
(Paper 32, p. 2) is awarded against the senior party, Face International Corporation;
FURTHER ORDERED that claims 40-56, 58, and 59 (corresponding to
Count 1) of Face Patent 7,084,529 will be cancelled pursuant to 35 U.S.C.
§ 135(a);
FURTHER ORDERED that claims 40-56, 58, and 59 (corresponding to
Count 1) of Face Reissue Application 12/399,954 are finally refused (35 U.S.C.
§ 135(a));
FURTHER ORDERED that a copy of this judgment be made of record in
the files of Patent 7,084,429, Application 12/399,954, and Application 10/304,121;
and
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 CFR § 41.205.

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cc (via electronic mail):

Attorney for EnOcean:

George E. Quillin, Esq.
Steven A. Moore, Esq.
FOLEY & LARDNER, LLP
Email: gquillin@foley.com
Email: smoore@foley.com

Attorney for Face:

Stephen E. Clark, Esq.
David J. Bolduc, Esq.
FACE INTERNATIONAL CORPORATION
Email: sclarkpe@faceco.com
Email: daveb@faceco.com