Crane et al.v.Karas

Board of Patent Appeals and Interferences

Jun 30, 2000

09061678 (B.P.A.I. Jun. 30, 2000)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 25
Filed by: Trial Section Merits Panel
Box Interference Entered
Washington, D.C. 20231 30 June 2000
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ROBERT A CRANE, STEPHEN H. BROWN
and LORENZO de CAUL,
Junior Party,
(Patent 5,973,193),
v.
LAWRENCE J. KARAS,
Senior Party
(Application 09/061,678).
_______________
Patent Interference No. 104,516
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and
SCHAFER and LEE, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
JUDGMENT
Upon consideration of the record, it is
ORDERED that judgment is entered in favor of both
parties on the ground that there is no interference-in-fact.
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FURTHER ORDERED that, on this record, junior party
ROBERT A CRANE, STEPHEN H. BROWN and LORENZO de CAUL is
entitled to a patent containing claims 1, 3-4 and 7 of U.S.
Patent 5,973,193, granted 26 October 1999, based on
application 09/116,385, filed 16 July 1998.
FURTHER ORDERED that, on this record, senior party
LAWRENCE J. KARAS is entitled to a patent containing claims 1-
8 of application 09/061,678, filed 16 April 1998.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
JAMESON LEE )
Administrative Patent Judge )
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104,516
cc (via First Class Mail):
Attorney for Crane
(real party in interest
Exxon Mobil Corporation):
Edward F. Kenehan, Jr., Esq.
SUGHRUE, MION, ZINN, MACPEAK & SEAS, PLLC
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Attorney for Karas
(real party in interest
ARCO Chemical Technology, L.P.):
William C. Long, Esq.
Jonathan L. Schuchardt, Esq.
90 Maple Avenue
Morristown, NJ 07960