SONORAN DESERT CHEM., LLC v. EISENBERG et al - Page 1




  MAIL STOP INTERFERENCE                                                                                       Paper 57                  
  ALEXANDRIA VA  22313-1450                                                                                                              
  703-308-9797                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
  703-305-0942 (fax)                                                                                                                     
                           BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                          

                                                      Interference No. 104,792                                                           

                                            SONORAN DESERT CHEMICALS LLC                                                                 
                                                             (5,532,215),                                                                
                                                             Junior Party,                                                               
                                                                   v.                                                                    
                                                      STEPHEN EISENBERG,                                                                 
                                       SHARON M. WAHL, and ROBERT C. THOMPSON                                                            
                                                             (08/485,438),                                                               
                                                             Senior Party.                                                               

                Before TORCZON, LANE, and NAGUMO, Administrative Patent Judges.                                                          
                                                            JUDGMENT                                                                     
                                                (PURSUANT TO 37 CFR § 1.662(a))                                                          
                                                          INTRODUCTION                                                                   
                        On 19 May 2003 at about 2 p.m. (Eastern), the parties initiated a telephone conference                           
                involving John Lezdey for Sonoran Desert Chemicals LLC (SDC), Paul Barker and Robert                                     
                Sharp for Eisenberg, and Richard Torczon for the Board of Patent Appeals and Interferences.                              
                The parties were required to have settled the case or to have filed preliminary statements by the                        
                close of business on 19 May 2003.                                                                                        
                        Mr. Lezdey indicated that collateral litigation bars him from taking further action in this                      
                interference.  The parties indicated that neither side would be filing a preliminary statement.                          
                Failure of a junior party to file a timely preliminary statement ordinarily results in the issuance of                   
                an order to show cause against the junior party.  In the present circumstances, there would be no                        







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