Interference No. 105,136 Paper 62
Wang v. Imler Page 2
Judgment-Rule 658 and Rule 659
I. Introduction
Wang did not file its case-in-chief on priority within the time set by the
Administrative Patent Judge ("APJ"). Wang has filed a preliminary motion attacking the
patentability of certain Imler involved claims, but those claims have been cancelled by
Imler. There being no further issues for the panel to resolve, judgment is entered
against Wang on the issue of priority and against Imler as to the claims it has cancelled.
II. Background
The interference was declared on 16 July 2003 between junior party QING
WANG, MITCHELL H. FINER and XIAO-CHI JIA ("Wang") and senior party JEAN-LUC
IMLER, MAJID MEHTALI and ANDREA PAVIRANI ("Imler").
As stated by Imler (Paper 38, at 4, emphasis in original):
...the present interference was declared, for procedural and administrative
purposes, after a complete preliminary motions phase in the '821[1 ]
interference, when, as a result of the decisions on motions in the '821
interference, the Board held it appropriate to add Imler's claims 66 and 67
to the Imler '143 application. See Order at 3. The present interference
was originally declared with claims 66 and 67 of the Imler '143 application.
Paper 1 (Notice Declaring Interference) at 4. Claims 66 and 67, as added
to the Imler '143 application, define two of the four alternatives of the
count (the other two alternatives being directed to Wang's claims). See
Paper 1, at 4. The present interference was subsequently redeclared so
as to add certain claims of the Imler '007 application as being designated
1 Interference 104,821, which was declared on 8 March 2002. An order
awarding judgment on priority against Imler was entered in the '821 interference on
16 July 2003 ('821, Paper 116 at 42).
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007