Ellis et alv.Fulks

Board of Patent Appeals and Interferences

Apr 23, 2003

09095360 (B.P.A.I. Apr. 23, 2003)

1 Based on application 08/877,290, filed June 17, 1997. The real party in interest is
Northland Industries, Inc.
2 Filed June 10, 1998. Accorded the benefit of application 08/667,428, filed June 21,
1996.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 68
Box Interference, Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

PATRICK D. ELLIS and FRED MALICKI
Junior Party
(Application 5,810,701)1
v.
KENT FULKS
Senior Party,
(Application 09/095,360)2

Patent Interference No. 104,788

Before LEE, LANE and MEDLEY, Administrative Patent Judges.
LEE, Administrative Patent Judge.
MEMORANDUM OPINION AND FINAL JUDGMENT
Interference No. 104,788
Ellis v. Fulks
- 2 -
The motion panel’s decision on preliminary and miscellaneous motions, dated
February 19, 2003 (Paper No. 61), is herein made final and merged into this memorandum
opinion and final judgment for purposes of judicial review. It is
ORDERED that judgment as to the subject matter of Count 1 is entered against junior
party PATRICK D. ELLIS and FRED MALICKI;
FURTHER ORDERED that junior party PATRICK D. ELLIS and FRED MALICKI is
not entitled to its patent claims 1-20 which correspond to the count;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.

Jameson Lee )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
Sally Gardner Lane ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
Sally C. Medley )
Administrative Patent Judge )
By Facsimile:
Interference No. 104,788
Ellis v. Fulks
- 3 -
Counsel for Senior Party Fulks:
703-413-2220 (Fax)
James R. Boler, Esq.
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, P.C.
1755 Jefferson Davis Highway
Arlington, Va 22202
Counsel for Junior Party Ellis:
202-293-7860 (Fax)
J. Frank Osha, Esq.
Sughrue Mion, PLLC
2100 Pennsylvania Avenue, N.W.
Washington,m D.C. 20037-3213