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`BoxInterferences@uspto.gov Paper 157
` Filed: 29 June 2011
`Tel: 571-272-4683
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE BOARD OF PATENT APPEALS
`AND INTERFERENCES
`
`
`DAVID SHAFER, WILHELM ULRICH,
`AURELIAN DODOC, RUDOLF VON BUENAU,
`HANS-JURGEN MANN, ALEXANDER EPPLE,
`SUSANNE BEDER, and WOLFGANG SINGER
`Junior Party
`(Application 12/409,394),
`
`v.
`
`YASUHIRO OMURA
`Senior Party
`(Patent 7,309,870).
`_______________
`
`Patent Interference No. 105,749 (SCM)
`
`
`Before JAMESON LEE, SALLY GARDNER LANE, and SALLY C. MEDLEY,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`Judgment – Merits – Bd.R. 127
`
`
`
`In a concurrent paper, we determined that all of Omura’s involved claims are
`
`unpatentable under 35 U.S.C. § 112, first paragraph, for lack of written description
`
`1
`
`2
`
`3
`
`1
`
`ZEISS 1004
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`in the specification. Moreover, Omura’s motion to add a claim to the interference
`
`was denied. Accordingly, Omura is without standing to continue in the
`
`interference.
`
`
`
`
`
`Accordingly, it is
`
`
`
`ORDERED that judgment is entered against Omura for count 1
`
`(Paper 1 at 4);
`
`
`
`
`
`FURTHER ORDERED that claims 1-18, 33-36, 48 and 49 of
`
`Omura’s involved patent are CANCELLED, 35 U.S.C. § 135(a); and
`
`
`
`
`
`FURTHER ORDERED that the parties shall note the requirements of
`
`10
`
`35 U.S.C. § 135(c) and Bd.R. 205; and
`
`11
`
`
`
`
`
`FURTHER ORDERED that a copy of this judgment be entered in the
`
`12
`
`administrative records of the involved Omura patent and Shafer application.
`
`
`
`
`
`
`
`
`
`Revised 3 January 2006
`
`
`
`2
`
`

`

`cc (via electronic mail):
`
`
`Attorney for Shafer:
`
`Marc M. Wefers, Ph.D., Esq.
`Chris C. Bowley, Ph.D., Esq.
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210-1878
`Tel:
`
`617-521-7857
`Email:
`wefers@fr.com
`Email:
`bowley@fr.com
`
`Oliver R. Ashe, Jr., Esq.
`ASHE, PC
`11440 Isaac Newton Sq. North
`Suite 210
`Reston, VA 20190
`Tel:
`
`703-467-9001
`Email:
`oashe@oashepc.com
`
`Attorney for Omura:
`
`Barry E. Bretschneider, Esq.
`Jonathan Bockman, Esq.
`MORRISON & FOERSTER, LLP
`1650 Tysons Blvd.
`Suite 400
`McLean, VA 22102
`Tel:
`
`703-760-7700
`Email:
`bbretschneider@mofo.com
`Email:
`jbockman@mofo.com
`
`
`3
`
`
`
`
`
`
`
`

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