Clemmer et al.v.Miller et al. V. Ewing et al.

Board of Patent Appeals and Interferences

Sep 30, 1998

08678564 (B.P.A.I. Sep. 30, 1998)

Application 08/729,264 filed October 10, 1996.1
Application 08/678,564 filed July 12, 1996.2
Application 08/716,370 filed September 19, 1996.3
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 or reporter
and (2) is not binding precedent of the Board.
Filed by: Merits Panel
Box Interference
Washington, D.C. 20231
Tel: (703)308-9797
Fax: (703)308-7953
Paper 70
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
PAUL G. CLEMMER, PETER B. LOGSDON, and HANG T. PHAM,
Junior Party,1
v.
RALPH N. MILLER, BARRY A. MAHLER,
MARIO J. NAPPA and MARK A. CASEY,
Junior Party,2
v.
PAUL W. EWING, STUART CORR,
JOHN S. MARTIN and MICHAEL J. WATSON,
Senior Party.3
_______________
Patent Interference 103,989
2
_______________
Before: SCHAFER, HANLON and WEIMAR, Administrative Patent Judges.
FINAL DECISION
The junior parties have failed to file a brief for final hearing as required by the order entered
October 8, 1997 (Paper 30). Failure to file the brief is considered to be a concession of priority.
Accordingly, judgement is awarded against the parties Clemmer and Miller. The party Clemmer is not
entitled to a patent on the subject matter of claims 21-40 of application 08/729,264, corresponding to the
count. The party Miller is not entitled to a patent on the subject matter of claims 1-4 of application
08/678,564, corresponding to the count. The party Ewing is entitled to a patent on the subject matter of
claims 12-22 of application 08/716,370, corresponding to the count.
A copy of this decision shall be entered into the files of applications 08/729,264; 08/678,564; and
08/716,370.
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
)
ADRIENE L. HANLON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ELIZABETH C. WEIMAR )
Administrative Patent Judge )

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Counsel for Clemmer et al.:
Jerry D. Voight
Finnegan, Henderson, Farabow, Garrett & Dunner
1300 I Street, NW, Suite 700
Washington, DC 20005-3315
Counsel for Miller et al.:
Gerald E. Deitch
DuPont Legal (BMP 17-1172)
P.O. Box 80017
Wilmington, DE 19880-0017
Counsel for Ewing et al:
Stephen D. Murphy
Scully, Scott, Murphy & Presser
400 Garden City Plaza
Garden City, NY 11530