ROSENBLUM et al.v.Barth et al.

Patent Trials and Appeals BoardMar 13, 2019

15290812 - (J) (P.T.A.B. Mar. 13, 2019)

BoxInterferences@uspto.gov Filed: March 13, 2019 Tel: 571-272-9797 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD MICHAEL G. ROSENBLUM, KHALID AMANALI MOHAMEDALI, and LAWRENCE H. CHEUNG, (Patent 9,096,840) v. STEFAN BARTH, SONJA SCHIFFER, and GRIT HEHMANN-TITT, (Application 15/290,812) Patent Interference 106,106 (SGL) (Technology Center 1600) Before SALLY GARDNER LANE, JAMES T. MOORE, and DEBORAH KATZ, Administrative Patent Judges. LANE, Administrative Patent Judge. Judgment - Bd.R. 127(b) Senior party Barth has filed a paper requesting adverse judgment “in view of 1 a request for an express abandonment under 37 CFR 1.138 of [Barth’s involved 2 application] US 15/290,812, filed February 26, 2019…” (Paper 16, 2). The request 3 for adverse judgment is granted. Bd. R. 127(b)(1). 4 -2- It is 1 ORDERED that judgment on priority of invention as to Count 1 2 (Declaration (Paper 1, 3), the sole count of the interference, is entered against 3 senior party Barth; 4 FURTHER ORDERED that the senior party claims corresponding to 5 Count 1, i.e., claims 1, 2, and 5-10 of application 15/290,812 (Paper 1, 3), are 6 FINALLY REFUSED; 35 USC 135(a);1 7 FURTHER ORDERED that the parties are directed to 35 USC 135(c) 8 and to Bd. R. 205 regarding the filing of settlement agreements; and 9 FURTHER ORDERED that a copy of this judgment shall be entered 10 into the administrative record of the involved junior party patent and the involved 11 senior party application. 12 1 Any reference to a statute is to statute that was in effect on March 15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011). -3- cc (via electronic mail): Attorney for Rosenblum: Steven L. Highlander David L. Parker Amanda S. J. Schnepp PARKER HIGHLANDER PLLC shighlander@phiplaw.com dparker@phiplaw.com aschnepp@phiplaw.com Attorney for Barth: Raymond Wagenknecht Antony Novom WAGENKNECHT IP LAW GROUP, PC ray@wageniplaw.com anthony@wageniplaw.com

ROSENBLUM et al. V. Barth et al.