Beeley et al.v.Fenton et al. V. Hills et al.

Board of Patent Appeals and Interferences

Apr 30, 1998

08098178 (B.P.A.I. Apr. 30, 1998)

Patent No. 5,340,827, granted August 23, 1994, based on1
Application 08/077,283, filed June 14, 1993. Accorded benefit
of United Kingdom Application 921263.7, filed June 15, 1992.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is
not binding precedent of the Board.
BOX INTERFERENCE
Filed by: Merits Panel Paper No. 15
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-308-7952 or 53
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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NIGEL R. A. BEELEY, and
THOMAS A. MILLICAN
Junior Party1
v.
GARRY FENTON, ANDREW D. MORLEY,
MALCOLM N. PALFREYMAN,
ANDREW J. RATCLIFFE, BRIAN W. SHARP,
SUKANTHINI THURAIRATNAM,
KEITH A. J. STUTTLE,
BERNARD Y. J. VACHER,
MICHAEL J. ASHTON,
DAVID C. COOK
Interference No. 104,072
Application 08/098,178, filed July 28, 1993, Accorded2
benefit of PCT Application PCT/GB92/00153, filed January 28,
1992; United Kingdom Applications 9101777.2, filed January 28,
1991; and 9117727.9, filed August 16, 1991.
2
SUSAN J. HILLS,
IAN M. MCFARLANE and NIGEL VICKER
Senior Party2
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Patent Interference No. 104,072
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Before SOFOCLEOUS, DOWNEY and ELLIS, Administrative Patent
Judges.
ELLIS, Administrative Patent Judge.
JUDGEMENT
On April 8, 1998, junior party Beeley et al. filed an
“Abandonment of Contest” which pursuant to the provisions of
37 CFR § 1.662(a) is treated as a “Request for Adverse
Judgment” for all the claims corresponding to the count (Paper
No. 14).
Interference No. 104,072
3
Accordingly, JUDGEMENT as to the subject matter of the
count in issue is hereby awarded to the senior party, GARRY
FENTON, ANDREW MORLEY, MALCOLM PALFREYMAN, ANDREW RATCLIFFE,
BRIAN SHARP, SUKANTHINI THURAIRATNAM, KEITH STUTTLE, BERNARD
VACHER, MICHAEL ASHTON, DAVID COOK, SUSAN HILLS, IAN MCFARLANE
and NIGEL VICKER.
NIGEL BEELEY and THOMAS MILLICAN are not entitled to their
U.S. patent 5,340,827 containing claims 1 through 16.
On this record, Fenton et al. are entitled to claims 47
through 79 and 88 through 90 corresponding to the count.
)
MICHAEL SOFOCLEOUS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARY F. DOWNEY )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOAN ELLIS )
Administrative Patent Judge )
Interference No. 104,072
4