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LOUGHLIN v. LING

No. 2011-1432.

684 F.3d 1289 (2012)

Robert LOUGHLIN and John Loughlin, Appellants, v. Renny Tse-Haw LING and Chun-Sheng Wu, Appellees.

United States Court of Appeals, Federal Circuit.

July 11, 2012.

Attorney(s) appearing for the Case

Glen M. Diehl , Diehl Servilla LLC, of Iselin, NJ, argued for appellant.

Todd R. Walters , Buchanan Ingersoll & Rooney P.C., of Alexandria, VA, argued for appellee. With him on the brief was Erin M. Dunston. Of counsel on the brief was Todd P. Blakely , Sheridan Ross PC, of Denver, CO.

Before RADER, Chief Judge, and LOURIE and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

Robert Loughlin and John Loughlin (together, "Loughlin") appeal from the judgment of the Board of Patent Appeals and Interferences (the "Board") canceling claim 1 of U.S. Patent 7,434,426 (the "'426 patent") pursuant to their request for adverse judgment in light of the Board's decision on the relationship between 35 U.S.C. § 135(b)(2) and 35 U.S.C. § 120. Because we agree with the Board that the interfering claims of Renny Tse-Haw...

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