Wartmannv.LeemingDownload PDFPatent Trial and Appeal BoardFeb 25, 201311668124 (P.T.A.B. Feb. 25, 2013) Copy Citation BoxInterference@uspto.gov Paper 109 Telephone: 571-272-4683 Filed: 25 February 2013 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD STEPHAN BEAT WARTMANN 1 Junior Party (Patent 7,975,594) v. DAVID WILLIAM LEEMING 2 Senior Party (Application 10/584,605) Patent Interference No. 105,862 (Technology Center 3600) Before: JAMESON LEE, JOSIAH C. COCKS, and GLENN J. PERRY, Administrative Patent Judges. LEE, Administrative Patent Judge. Judgment – Merits – Bd. R. 127 1 1 Based on Application 11/668,124, filed January 29, 2007. The real party in interest is Fatzer AG. 2 Filed August 9, 2007. The real party in interest is AmSafe Bridport Limited. Accorded the benefit of PCT/GB2007/000329, filed January 17, 2007, and GB060130.0, filed January 17, 2006. Interference No. 105,862 Wartmann v. Leeming -2- In a concurrent paper (Paper 108), we granted Wartmann’s Motion 18 and 1 determined that Leeming’s claims 41-51 are unpatentable under 35 U.S.C. § 112, 2 first paragraph, for lack of written description in the specification. Thus, Leeming 3 is without standing to proceed further in this interference. See 37 C.F.R. 4 § 41.201(2)(ii). It is now appropriate to enter judgment against Wartmann. 5 It is 6 ORDERED that judgment on priority as to Count 1 is entered against senior 7 party DAVID WILLIAM LEEMING; 8 FURTHER ORDERED that senior party’s claims 41-51 of Application 9 10/584,605, which correspond to Count 1, are FINALLY REFUSED; 10 FURTHER ORDERED that the parties shall note the requirements of 11 35 U.S.C. §135(c) and Bd. R. 205; and 12 FURTHER ORDERED that a copy of this judgment shall be entered into 13 the file of Application 10/584,605, and Patent 7,975,594. 14 Interference No. 105,862 Wartmann v. Leeming -3- By Electronic Transmission: Counsel for Senior Party Leeming: Joseph P. Hamilton Michael J. Wise PERKINS COIE LLP JHamilton@perkinscoie.com MWise@perkinscoie.com Counsel for Junior Party Wartmann: Brian Roffe Yucheved Bechhofer patentattorney@comcast.net Ybechhofer@gmail.com Copy with citationCopy as parenthetical citation
