Bass et al. V. Goldberg et al. - Page 2



            Interference No.  105,424                                                                   
            Bass v. Goldberg                                                                            
        1                         Judgment - Merits -- Bd. R. 127                                       
        2                                                                                               
        3         In a decision on motions dated May 7, 2007, the Board has                             
        4   determined that all of party Goldberg’s claims corresponding to the count,                  
        5   i.e., application claims 1-3, are unpatentable under 35 U.S.C. § 112, first                 
        6   paragraph, for lack of written description.  Consequently, Goldberg is                      
        7   without standing to proceed further in this interference.  It is now time                   
        8   appropriate to enter judgment against party Goldberg.  It is                                
        9         ORDERED that judgment as to the subject matter of the count is                        
      10    herein entered against the senior party MARTIN GOLDBERG, MARTIN                             
      11    DIGGELMAN, EARL HUBBELL, GLENN McGALL, NAM QUOC NGO,                                        
      12    MACDONALD MORRIS, MEL YAMAMOTO, JENNIFER TAN and                                            
      13    RICHARD P. RAVA;                                                                            
      14          FURTHER ORDERED that senior party MARTIN GOLDBERG,                                    
      15    MARTIN DIGGELMAN, EARL HUBBELL, GLENN McGALL, NAM QUOC                                      
      16    NGO, MACDONALD MORRIS, MEL YAMAMOTO, JENNIFER TAN and                                       
      17    RICHARD P. RAVA is not entitled to a patent containing its application                      
      18    claims 1-3;                                                                                 
      19                                                                                                

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