Interference No. 104,792 Paper 57
Sonoran Desert Chemicals LLC v. Eisenberg Page 2
point to such an order since Mr. Lezdey has indicated that he cannot respond. Consequently,
SDC has abandoned the contest within the meaning of 37 C.F.R. § 1.662(a).
ORDER
Based on the status of the proceeding and of the parties, it is:
ORDERED that judgment on priority as to Count 1 is awarded against junior party
Sonoran Desert Chemicals LLC;
FURTHER ORDERED that Sonoran Desert Chemicals LLC, John Lezdey, and Allan
Wachter, jointly and severally, are not entitled to a patent containing claims 1 and 3-5 of SDC's
5,532,215 patent, which correspond to Count 1;
FURTHER ORDERED that any request for reconsideration be filed within one month
from the date of this judgment; and
FURTHER ORDERED that a copy of this decision be entered in the administrative
record of SDC's 5,532,215 patent and of Eisenberg's 08/485,438 application.
RICHARD TORCZON
Administrative Patent Judge
BOARD OF PATENT
APPEALS AND
SALLY GARDNER LANE INTERFERENCES
Administrative Patent Judge
INTERFERENCE
TRIAL SECTION
MARK NAGUMO
Administrative Patent Judge
Notice: Any agreement or understanding between parties to this interference, including any collateral agreements
referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing
and a true copy thereof filed in the United States Patent and Trademark Office before termination of the interference as
between said parties to the agreement or understanding. 35 U.S.C. 135(c); 37 C.F.R. § 1.661.
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