Adair v. Carter

LINN, Circuit Judge.

Appellants John Robert Adair, Diljeet Singh Athwal, and John Spencer Emtage (collectively, “Adair”) appeal a decision of the Board of Patent Appeals and Interferences (“Board”) holding that Adair’s single claim involved in Interference 105,744 with junior party Paul J. Carter and Leonard G. Presta (collectively, “Carter”) was barred under 35 U.S.C. § 135(b)(1). Because the Board properly determined that Adair’s claim was barred under § 135(b)(1), this court affirms.

I. Background

On November 21, 2005, Adair filed U.S. Application Serial No. 11/284,261 (“'261 Application”)…