Falkner v. Inglis

GAJARSA, Circuit Judge.
This is an appeal from a decision of the Board of Patent Appeals and Interferences (“Board”) in Interference No. 105,187, declared on December 24, 2003, between Falkner et al., U.S. Patent No. 5,770,212 (“the Falkner ’212 patent”) and Inglis et al., U.S. Application Serial No. 08/459,040 (“the Inglis ’040 application”). The Administrative Patent Judge (APJ) designated Inglis as the senior party. On December 29, 2004, the Board issued a final decision, holding that Falkner could not antedate Inglis’ September 25, 1990 priority date, and entered judgment against Falkner on the sole count of the interference. It ordered that Falkner was not entitled to claims 1-19 of the Falkner ’212 patent. It further ordered that Inglis was entitled to claims 9, 10, 29 and 30 of the ’040 application. Falkner filed a timely notice of appeal. This Court has jurisdiction pursuant to 28 U.S.C. § 1295(a)(4)(A) and 35 U.S.C. §§ 141 and 142. For the reasons discussed below, we affirm the judgment of the Board.

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