Patent Interference No. 105,377 Paper 98
Gjerset v. Roth Page 2
1 All pending motions are dismissed as moot in light of Gjerset’s
2 request for adverse judgment. In particular, Gjerset and Roth’s motions for
3 judgment on priority (Papers 88 and 91), Gjerset’s motion for priority
4 benefit of an earlier application (Paper 87) and Roth’s motion attacking
5 Gjerset’s patentability based on prior art (Paper 41) are dismissed as moot.
6
7 It is:
8 Ordered that judgment on priority as to Count 2, the sole count in
9 interference (Redeclaration, Paper 73, p. 2), is awarded against Gjerset.
10 Further Ordered that Gjerset is not entitled to a patent containing
11 claims 1, 2, 4-20, and 23 of its involved U.S. Application 08/335,461, all of
12 which correspond to Count 2.
13 Further Ordered that a copy of this paper shall be made of record in
14 the files of Gjerset, U.S. Application 08/335,461 and Roth, U.S. Patent
15 5,747,469.
16 Further Ordered that the parties’ attention is directed to 35 U.S.C.
17 § 135(c) and Bd. R. 205.
/ss/ Adriene Lepiane Hanlon )
ADRIENE LEPIANE HANLON )
Administrative Patent Judge )
)
/ss/ Sally Gardner Lane ) BOARD OF PATENT
SALLY GARDNER LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
/ss/ Michael P. Tierney )
MICHAEL P. TIERNEY )
Administrative Patent Judge )
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Last modified: September 9, 2013