Interference No. 105,271
Magdych v. Dark
In connection with junior party’s Motion 1, in a telephone conference call counsel for the
parties have agreed to the administrative patent judge’s suggestion to have it dismissed with an
instruction to the senior party to bring it to the examiner’s attention and to provide a copy of the
motion together with all supporting evidence to the examiner immediately upon return of the
junior party’s application to the examiner after entry of judgment in this interference.
It is now time appropriate to enter judgment. Accordingly, it is
ORDERED that junior party Magdych’s concession of priority is treated as a request for
entry of adverse judgment and the request is granted;
FURTHER ORDERED that judgment as to the subject matter of the count is herein
entered against junior party JAMES S. MAGDYCH, TARIK RAHMANOVIC, JOHN R.
McDONALD, BROCK E. TELLIER, ANTHONY C. OSBORNE and NISHAD P. HERATH;
FURTHER ORDERED that the junior party JAMES S. MAGDYCH, TARIK
RAHMANOVIC, JOHN R. McDONALD, BROCK E. TELLIER, ANTHONY C. OSBORNE
and NISHAD P. HERATH is not entitled to claims 1-12 of its involved Patent No. 6,513,122,
which correspond to Count 1;
FURTHER ORDERED that junior party’s Substitute Substantive Motion 1 is herein
dismissed because in light of the judgment on priority there is no need for the Board to consider
in an interference proceeding what is purely a patentability issue that may be considered by the
patent examiner;
FURTHER ORDERED that within twenty (20) days of the date of this judgment the
senior party Dark shall (1) file a paper in its involved application to bring to the examiner’s
attention junior party’s Substitute Substantive Motion 1, (2) provide to the examiner a copy of
that motion together with all supporting Exhibits, and (3) ask the examiner to consider the prior
art relied on in that motion;
2
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Last modified: November 3, 2007