Interference No. 105,405 Page 2
10/266,975 application in a patent to MLI. Cf. Case v. CPC Int'l, Inc., 730 F.2d
745, 750, 221 USPQ 196, 200 (Fed. Cir. 1984) (noting "that Case's patent is no
impediment to granting CPC the claims of its application."). Rather than drag the
proceeding out further, and thus entitle MLI to additional term adjustments, we
exercise our discretion to end the proceeding at this point.
DECISION
In light of the Board's decision on motions (Paper 127)—
JUDGMENT is entered ADVERSE to Sears for the subject
matter of count 1;
Claims 1-12 of Sears' 6,436,310 patent, which correspond to
count 1, are CANCELLED;
Claims 9-14 and 18-20 of Sears' 6,440,325 patent, which
correspond to count 1, are CANCELLED;
JUDGMENT is entered ADVERSE to Sears for the subject
matter of count 2;
Claims 1-20 of Sears' 6,440,325 patent, which correspond to
count 2, are CANCELLED;
JUDGMENT is entered ADVERSE to MLI claims
corresponding to count 1 that have been held to be unpatentable;
Page: Previous 1 2 3 Next
Last modified: September 9, 2013