••••••••Not binding precedent
BoxInterferences@uspto.gov Paper 128
Telephone: 571-272-4683 Entered: 6 February 2007
UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES
Patent Interference No. 105,405 (RT)
SEARS ECOLOGICAL APPLICATIONS CO., LLC
(6,436,310 B1 and 6,440,325 B1),
Junior Party/Senior Party,1
v.
MLI ASSOCIATES LLC
(10/266,975 and 10/690,894),
Senior Party/Junior Party.
JUDGMENT - Bd. R. 127 - Motions
Before GRON, TORCZON, and DELMENDO, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
The Board has held all of Sears' involved claims and all but two of MLI's
involved claims to be unpatentable on various grounds. Those two claims,
claims 43 and 44 of MLI's 10/266,975 application, correspond to count 1, for
which MLI is the senior party. Since Sears no longer has claims to contest the
priority of count 1 and MLI is the senior party for this count, the Director no longer
needs an interference to determine whether he can issue claims 43 and 44 of the
1 Junior as to count 1, but senior as to count 2.
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Last modified: September 9, 2013