Appeal 2007-0393
Reexamination Control 90/006,786
Patent 6,497,843
1 Terminal Disclaimer
2 Findings of Fact
3 F. 32. The sole named inventor of the 843 patent is Barry M. Tydings.
4 F. 33. The records of the PTO include an assignment indicating that Tydings
5 assigned his entire interest to Zyon, Int’l Inc.
6 F. 34. The named inventors of the 620 patent are Barry M. Tydings and
7 James P. Lee.
8 F. 35. The records of the PTO include an assignment of Tydings interest in
9 the 620 patent to Zyon, Int’l Inc.
10 F. 36. PTO records do not indicate that Lee assigned his rights in the 620
11 patent.
12 F. 37. According to PTO records the 843 patent is solely owned by Zyon,
13 Int’l and the 620 patent is jointly owned by Zyon and James P. Lee.
14 F. 38. The 620 patent and the 843 patent are not commonly owned.
15 F. 39. During the prosecution of the application which issued as the 843
16 patent, Patentee voluntarily submitted a terminal disclaimer.
17 F. 40. The terminal disclaimer purported to disclaim the portion of the patent
18 which extended beyond the expiration date of the 620 patent.
19 F. 41. The terminal disclaimer states:
20 The owner hereby agrees that any patent so granted on
21 the instant application shall be enforceable only for and
22 during such period that it and the prior patent are
23 commonly owned.
24 Application 10/091,162, Terminal Disclaimer filed September 19, 2002.
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