Donaire et al.v.Neergaard

Patent Trial and Appeal Board

Jun 12, 2013

12159512 (P.T.A.B. Jun. 12, 2013)

Mail Stop Interference Paper 16
P.O. Box 1450 Filed: June 12, 2013
Alexandria VA 22313-1450
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

PATENT TRIAL AND APPEAL BOARD
_______________

Cadbury Holdings Limited,
Junior Party
(Application 12/159,512,
Inventor: Jesper Neergaard),

v.

Wm. Wrigley Jr. Company,
Senior Party
(Application 11/614,142
Inventors: Pere Ruiz Donaire, Roser Amposta Estruch, and
Joo H. Song,).

Patent Interference 105,932 (RES)
(Technology Center 1700)

Judgment - Request for Adverse – 37 CFR § 41.127(b)
On June 5, 2013, Cadbury filed a notice that it was abandoning the contest. 1
Paper 15. An abandonment of the contest is construed as a request for entry of 2
adverse judgment. 37 CFR § 41.127(b)(4). 3
Accordingly, it is 4
ORDERED that judgment on priority as to the subject matter of Count 1 5
(Paper 1, p. 4) is awarded against Application 12/159,512; 6
2

FURTHER ORDERED that claims 1, 5, 6, 8-10, 17, 19, 22-24, 26, 27, 31, 1
34, 35, 38, 39, 41, 43-45, 48, 49, 53, 55, 59, 60, 62-64, 66, 69, 70, and 72 of 2
Application 12/159,512, corresponding to Count 1, are finally refused (35 U.S.C. 3
§ 135(a)); 4
FURTHER ORDERED that a copy of this judgment be made of record in 5
the files of Applications 12/159,512 and Application 11/614,142, and 6
FURTHER ORDERED that if there is any settlement agreement or related 7
documents which have not been filed, attention is directed to 35 U.S.C. § 135(c) 8
and 37 CFR § 41.205. 9

/Richard E. Schafer/ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
/Richard Torczon/ ) PATENT TRIAL AND
RICHARD TORCZON ) APPEAL BOARD
Administrative Patent Judge )
)
/Hung H. Bui/ )
HUNG H. BUI )
Administrative Patent Judge )

3

cc (via Electronic Transmission):

Counsel for Cadbury:

Andrew C. Ryan
Chad A. Dever
CANTOR COLBURN, LLP
Email: ryan@cantorcolburn.com
Email: cdever@cantorcolburn.com

Counsel for Wrigley:

Herbert D. Hart III
Jonathan R. Sick
Joseph M. Barich
McANDREWS, HELD & MALLOY, LTD.
Email: hhart@mcandrews-ip.com
Email: jsick@mcandrews-ip.com
Email: jbarich@mcandrews-ip.com