Sometimes the Trial Section Does Handle Patent-Patent Interferences After All!

Aug 2003Intellectual Property Today, Vol. 10, No. 8 at page 32,

In Louis v. Okada, 57 USPQ2d 1430 (PTOBPAI 2001) (expanded panel consisting of CAPJ Stoner and every then member of the Trial Section), the Trial Section denied Louis’s motions to add two Okada patents to the interference without considering Louis’s contentions that the claims in those patents were not patentably distinct from the claims of the Okada application in interference on the ground that Louis’s case in interference was a patent and that the board does not have jurisdiction over patent-patent interferences.