Bass et al. V. Goldberg et al. - Page 2



               Interference No.  105,422                                                                                         
               Bass v. Goldberg                                                                                                  
         1                                Judgment - Merits -- Bd. R. 127                                                        
         2                                                                                                                       
         3            In a decision on motions dated April 16, 2007, the Board has                                               
         4     determined that all of party Goldberg’s claims corresponding to the count,                                        
         5     i.e., application claims 50-80, are unpatentable under 35 U.S.C. § 112, first                                     
         6     paragraph, for lack of written description.  Consequently, Goldberg is                                            
         7     without standing to proceed further in this interference.  It is now time                                         
         8     appropriate to enter judgment against party Goldberg.  It is                                                      
         9            ORDERED that judgment as to the subject matter of the count is                                             
        10     herein entered against the senior party MARTIN GOLDBERG, MARTIN                                                   
        11     DIGGELMAN, EARL HUBBELL, GLENN McGALL, NAM QUOC NGO,                                                              
        12     MACDONALD MORRIS, MEL YAMAMOTO, JENNIFER TAN and                                                                  
        13     RICHARD P. RAVA;                                                                                                  
        14            FURTHER ORDERED that senior party MARTIN GOLDBERG,                                                         
        15     MARTIN DIGGELMAN, EARL HUBBELL, GLENN McGALL, NAM QUOC                                                            
        16     NGO, MACDONALD MORRIS, MEL YAMAMOTO, JENNIFER TAN and                                                             
        17     RICHARD P. RAVA is not entitled to a patent containing its application                                            
        18     claims 50-80;                                                                                                     
        19                                                                                                                       

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