09105053 - (J) (B.P.A.I. Jun. 5, 2002)

Ex Parte GUALA

Board of Patent Appeals and InterferencesJun 5, 2002

09105053 - (J) (B.P.A.I. Jun. 5, 2002)

The opinion in support of the decision being entered today is not binding precedent of the Board. Paper27 Filed by: Trial Section Motions Panel Box Intaference Filed Washington, D.C. 20231 June 5, 2002 Tel 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE TBE BOARD OF PATENT APPEALS AND INTERFERENCES GIANNI GUALA uFf, X E D Junior Party, (U.S. Patent No. 6,086,762) JUN 5 - 2002 V. PAT. & T.M. OFFICE BOARD OF PATENT APPEALS JAN MYERS ANDINTERFERENCES Senior Party (U.S. Application No. 09/729,53 6). Patent Interference No. 104,765 Before: SCHAFER, TORCZON and TIERNEY, Administrative Patent Judge . TIERNEY, Administrative Patent Judae. JUDGMENT (Pursuant to 37 CFR Â§ 1.662(a)) Junior Party Guala has requested adverse judgement. (Paper No. 26). Upon consideration of the record, it is: ORDERED that judgment on priority as to Count I (Notice Declaring Interference, Paper No. 1, page 5), the sole count in the interference, is awarded against Junior Party Guala. Interference No. 104,765 Page 2 FURTHER ORDERED that Junior Party Guala is not entitled to a patent containing claims I and 3-7 of Guala, U.S. Patent No. 6,086,762 as they correspond to Count I (Paper No. 1, p. 5). FURTHER ORDERED that a copy of this final decision shall be placed and given a paper number in the file of Guala, U.S. Patent No. 6,086,762 and Myers, U.S. Application 09/729,536. iCHARD E R Administrative Patent Judge BOARD OF PATENT RICHARD f0RCZON' APPEALS Administrative Patent'Judge AND INTERFERENCES IVIIC& P. TIERNEY Administrative Patent Judge Interference No. 104,765 Page 3 cc: (via Facsimile) Counsel for GUALA: Peter D. Olexy, Esq. Louis Gubinsky, Esq. SUGHRUE, NHON, PLLC 2100 Pennsylvania Avenue, N.W. Suite 800 Washington, D.C. 20037-3202 Tel: 202-293-7060 Fax: 202-293-7860 Counsel for MYERS: Raymond W. Green, Esq. Bradley Lane, Esq. BRINKS HOFER GILSON & LIONE NBC Towers, Suite 3600 45 5 N. Cityfiront Plaza Drive Chicago, IL 60610 Tel: 312-321-4200 FAx: 312-321-4299