Robertson et al.v.Timmermans et al.

Board of Patent Appeals and Interferences

Sep 7, 2010

11085744 (B.P.A.I. Sep. 7, 2010)

BoxInterference@uspto.gov Paper 118
Tel: 571-272-4683 Filed: September 7, 2010

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

JOS TIMMERMANS and JEAN C. RAYMOND

Junior Party
(Application 11/085,744)1

v.

JONES J. ROBERTSON and ROBERT M. CURRIE

Senior Party
(Patent 6,860,628)2

Patent Interference No. 105,602
(Technology Center 2800)

Before: RICHARD E. SCHAFER, JAMESON LEE, and MICHAEL P. TIERNEY,
Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment – Merits – Bd. R. 127

1 Filed on March 21, 2005. The real party in interest is Altair Engineering, Inc.

2 Based on Application 10/196,236, filed on July 17, 2002. The real party in interest is
Plastic Inventions and Patents, Inc.

Interference No. 105,602
Timmermans v. Robertson

-2-
On August 23, 2010, the Board granted senior party Robertson’s Motion 1 1
alleging all of junior party Timmermans’ involved application claims, claims 8 and 2
9, as unpatentable under 35 U.S.C. § 112, first paragraph, for lack of written 3
description. (Paper 114). Thus, junior party Timmermans is without standing to 4
proceed further in this interference. It is now appropriate to enter judgment against 5
junior party Timmermans with respect to the subject matter of the count. 6
It is 7
ORDERED that judgment on priority as to the subject matter of Count 1 is 8
entered against junior party JOS TIMMERMANS and JEAN C. RAYMOND; 9
FURTHER ORDERED that junior party’s application claims 8 and 9 of 10
Application 11/085,744, which correspond to Count 1, are FINALLY REFUSED; 11
FURTHER ORDERED that the parties shall note the requirements of 12
35 U.S.C. §135(c) and Bd.R. 205; and 13
FURTHER ORDERED that a copy of this judgment shall be entered into 14
the file of Application 11/085,744, and Patent 6,860,628. 15

Interference No. 105,602
Timmermans v. Robertson

-3-
By Electronic Transmission: 1
2
Attorney for Senior Party Robertson: 3
4
Guy E. Matthews, Esq. 5
MATTHEWS, LAWSON, JOHNSON & PAYNE, PLLC 6
2000 Bering Drive, Suite 700 7
Houston, TX 77057 8
gmatthews@matthewsfirm.com 9
10
11
Attorney for Junior Party Timmermans: 12
13
Michelle L. Knight, Esq. 14
Christian J. Garascia, Esq. 15
3001 West Big Beaver Rd., Suite 624 16
Troy, Michigan 48084 17
docketing@youngbasile.com 18