`Tel: 571-272-4683 Filed: 14 September 2012
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE BOARD OF PATENT APPEALS
`AND INTERFERENCES
`____________________
`
`DAVID SHAFER, WILHELM ULRICH,
`AURELIAN DODOC, RUDOLF VON BUENAU,
`HANS-JUERGEN MANN, ALEXANDER EPPLE,
`SUSANNE BEDER, and WOLFGANG SINGER
`Junior Party
`(Application 12/816,863),
`
`v.
`
`YASUHIRO OMURA
`Senior Party
`(Patent 7,309,870).
`____________________
`
`Patent Interference No. 105,834 (SCM)
`(Technology Center 2800)
`____________________
`
`
`
`
`Before JAMESON LEE, SALLY C. MEDLEY, and JENNIFER S. BISK,
`Administrative Patent Judges.
`
`
`
`BISK, Administrative Patent Judge.
`
`
`Judgment – Merits – Bd. R. 127
`
`
`1
`
`ZEISS 1006
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`Interference No. 105,834
`
`In a concurrent paper, we denied Omura’s motion to designate Omura
`claims 25-32, 37-39, and 45-47 as not corresponding to Count 1. We also
`determined that all of Omura’s involved claims are unpatentable under 35
`U.S.C. § 112, first paragraph, for lack of written description in the
`specification. 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 25-32, 37-39, and 43-47 of
`Omura’s involved patent are CANCELLED, 35 U.S.C. § 135(a);
`FURTHER ORDERED that the parties shall note the requirements
`of 35 U.S.C. § 135(c) and Bd. R. 205; and
`FURTHER ORDERED that a copy of this judgment be entered in
`the administrative records of the involved Omura patent and Shafer
`application.
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Interference No. 105,834
`
`cc (via electronic delivery):
`Attorney for Shafer:
`Marc M. Wefers, Ph.D., Esq.
`Chris C. Bowley, Ph.D., Esq.
`FISH & RICHARDSON P.C.
`E-mail: wefers@fr.com
`E-mail: bowley@fr.com
`
`Oliver R. Ashe, Jr., Esq.
`ASHE, P.C.
`E-mail: oashe@ashepc.com
`
`Attorney for Omura:
`Matthew I. Kreeger, Esq.
`Jonathan Bockman, Esq.
`MORRISON & FOERSTER LLP
`E-mail: mkreeger@mofo.com
`E-mail: jbockman@mofo.com
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
