Bolkan et al.v.Austin et al.

Board of Patent Appeals and Interferences

Jul 31, 1998

08322658 (B.P.A.I. Jul. 31, 1998)

Application Serial Number 08/129,426, filed September1
30, 1993, now U.S. Patent Number 5,482,647, issued January 9,
1996, and assigned to Church & Dwight Co., Inc., Princeton,
NJ.
Application Serial Number 08/322,658, filed October2
12, 1994. Accorded the benefit of Application Serial
Number 08/009,164, filed January 26, 1993. On this
record, neither application is assigned.
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not binding precedent of the Board.
Paper No. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
STEVEN A. BOLKAN AND JOSEPH G. BECKER
Junior Party1
v.
ANNE-MARIE B. AUSTIN, ALLEN M. CARRIER, MICHAEL L. STANDISH
AND JAMES H. BELCHER (DECEASED); BY MELVIN A. YOUNG
(SUCCESSOR EXECUTOR) AND GILL CARTWRIGHT (ADMINISTRATOR
C.T.A.)
Senior Party 2
____________
Interference No. 103,944
____________
Before METZ, PATE and MARTIN, Administrative Patent Judges.
METZ, Administrative Patent Judge.
JUDGMENT
-2-
Receipt on December 9, 1997, of the paper captioned
"BOLKAN ET AL.'S CONCESSION OF PRIORITY AND REQUEST FOR
ADVERSE
Interference No. 103,944
JUDGMENT AGAINST BOLKAN ET AL." (Paper Number 14) is
acknowledged. Therein, Bolkan et al., the junior party in
this interference, have conceded priority and requested entry
of adverse judgment against them with respect to all of their
claims corresponding to the count in this interference.
Accordingly, pursuant to 37 C.F.R. § 1.662(a),
judgment as to the subject matter of the Count is hereby
awarded to Anne-Marie B. Austin, Allen M. Carrier, Michael L.
Standish and James H. Belcher (Deceased), the senior party.
Steven A. Bolkan and Joseph G. Becker, the junior party, are
not entitled to their patent containing claims 1 through 11
corresponding to the Count.
Austin et al.'s sealed preliminary statement is
being returned to Austin et al. unopened. 37 C.F.R. §
1.632(c).
-3-
ANDREW H. METZ )
Administrative Patent Judge )
)
)
)
WILLIAM F. PATE, III ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JOHN C. MARTIN )
Administrative Patent Judge
)
Interference No. 103,944
Attorney(s) for Bolkan et al.:
Irving M. Fishman, Esq.
C/o Church & Dwight Co., Inc.
Law Department
469 North Harrison Street
Princeton, N.J. 08543
Attorney(s) for Austin et al.:
Francis A. Paintin, Esq.
Woodcock, Washburn, Kurtz,
Mackiewicz & Norris
One Liberty Place, 46th Floor
Philadelphia, PA 19103