Crain et al.v.Luther

Board of Patent Appeals and Interferences

Nov 25, 1997

07954551 (B.P.A.I. Nov. 25, 1997)

Application 08/011,893, filed February 01, 1993.1
Patent No. 5,287,989, issued February 22, 1994, based on2
Application 07/954,551, filed September 30, 1992. Accorded the
benefit of Application 07/847,664, filed March 5, 1992, now
Patent No. 5,167,898, issued December 1, 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(2) is not binding precedent of the Board.
Paper No. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JACK L. CRAIN, P. RANDELL GRAY,
AND MELVIN D. COLCLASURE
Junior Party,1
v.
LEROY D. LUTHER,
Senior Party.2
______________
Patent Interference No. 103,530
_______________
JUDGMENT
_______________
Before PATE, MARTIN, and LEE, Administrative Patent Judges.
PATE, Administrative Patent Judge.
Interference No. 103,530
2
FINAL DECISION
Now comes the senior party Leroy D. Luther, with a
concession of priority, which is treated as a request for entry
of adverse judgment under 37 CFR § 1.662(a). Accordingly, the
following judgment is entered.
JUDGMENT
Judgment in the above-noted interference is entered against
the senior party, Leroy D. Luther. Leroy D. Luther is not
entitled to his patent claims 1 through 13, which claims
correspond to the count in interference. Judgment is entered
in favor of the junior party, Jack L. Crain, Randell Gray, and
Melvin D. Colclasure. Jack L. Crain, Randell Gray, and Melvin D.
Colclasure are entitled to a patent containing claims 1 through 8
and 21 through 26, which claims correspond to the count in
interference.
William F. Pate, III )
Administrative Patent Judge )
)
)
)
JOHN C. Martin ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
Interference No. 103,530
3
)
)
Jameson Lee )
Administrative Patent Judge )

Henry L. Brinks
Willian, Brinks, Hofer,
Gilson & Lione
P. O. Box 10395
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David B. Smith
Michael, Best & Friedrich
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Milwaukee, WI 53202-4108
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