Presnell et al.v.Babikian et al. V. Presnell et al. V. Babikian et al.Download PDFBoard of Patent Appeals and InterferencesJun 13, 201212040311 (B.P.A.I. Jun. 13, 2012) Copy Citation BoxInterference@uspto.gov Paper 15 Telephone: 571-272-4683 Filed: June 13, 2012 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES DIKRAN BABIKIAN and BRANKO BEM Junior Party (Application Nos. 12/221,918 and 12/543,173)1 v. DONALD C. PRESNELL and KEVIN FITZPATRICK Senior Party (Patent Nos. 8,099,810 and 8,079,104)2 Patent Interference No. 105,891 (Technology Center 3600) Before: JAMESON LEE, KEVIN F. TURNER, and JOSIAH C. COCKS, Administrative Patent Judges. LEE, Administrative Patent Judge. Judgment – Request for Adverse – Bd. R. 127(b) 1 1 Applications filed August 6, 2008 and August 18, 2009, respectively. The real party in interest is Bobrick Washroom Equipment, Inc. 2 Based on applications filed February 29, 2008 and February 15, 2011, respectively. The real party in interest is Rubbermaid Commercial Products. Accorded the benefit of Provisional Application 60/938,919, filed May 18, 2007. Interference No. 105,891 Babikian v. Presnell -2- On June 11, 2012, senior party Presnell filed a paper requesting entry of 1 adverse judgment. The request is granted. 2 It is 3 ORDERED that judgment on priority as to Count 1 is entered against senior 4 party DONALD C. PRESNELL and KEVIN FITZPATRICK; 5 FURTHER ORDERED that claims 1-41 of senior party’s involved Patent 6 8,099,810, which correspond to Count 1, are herein cancelled; 7 FURTHER ORDERED that claims 1-7 of senior party’s involved Patent 8 8,079,104, which correspond to Count 1, are herein cancelled; 9 FURTHER ORDERED that the parties shall note the requirements of 10 35 U.S.C. §135(c) and Bd.R. 205; and 11 FURTHER ORDERED that a copy of this judgment shall be entered into 12 the file of Patent 8,099,810; Patent 8,079,104; Application 12/221,918; and 13 Application 12/543,173. 14 Interference No. 105,891 Babikian v. Presnell -3- By Electronic Transmission: Attorneys for Junior Party Babikian: Charles L. Gholz, Esq. Lisa M. Mandrusiak, Esq. OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, P.C. CGHOLZ@OBLON.COM lmandrusiak@oblon.com interferencedocket@oblon.com Constantine Marantidis CHRISTIE, PARKER & HALE LLP constantine.marantidis@cph.com Attorneys for Senior Party Presnell: Michael R. Weiner, Esq. Andrew M. Lawrence, Esq. MARSHALL, GERSTEIN & BORUN LLP mweiner@marshallip.com alawrence@marshallip.com Copy with citationCopy as parenthetical citation
