Ex Parte Mattson

Board of Patent Appeals and Interferences

Dec 14, 2000

08414689 (B.P.A.I. Dec. 14, 2000)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 23
Filed by: Trial Section Merits Panel
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
_______________
STEPHANIE M. MATTSON,
Junior Party,
(Patent 5,523,264),
v.
ELISABETH ROUYER, ALAIN DEMERINGO,
WOLFGANG HOLSTEIN and STEPHAINE MAUGENDRE,
Senior Party
(Application 08/581,517).
_______________
Patent Interference No. 104,536
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and
GARDNER-LANE and MEDLEY, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
FINAL JUDGMENT
A. Introduction
In a MEMORANDUM OPINION and ORDER entered 14 August 2000
(Paper 20), the panel denied Mattson Preliminary Motion 2 seeking
to attack a priority benefit accorded to Rouyer. Accordingly,
Mattson remained junior party.
- 2 -
In an ORDER SETTING TIMES FOR TAKING ACTION (Paper 21),
Mattson was afforded an opportunity to file any additional
preliminary motions and its priority case. The date for filing
any preliminary motions and priority case was 18 November 2000.
Mattson has not filed any additional preliminary motions or a
priority case. Accordingly, as a junior party without a timely
filed priority case, it is not apparent how Mattson is entitled
to prevail in the interference. In light of the record, there is
no apparent reason for not entering at this time a judgment
against Mattson.
B. Order
Upon consideration of the record, including the fact that
there has been no response to the ORDER SETTING TIMES FOR TAKING
ACTION (Paper 21), it is
ORDERED that judgment on priority as to Count 1
(Paper 1, page 46), the sole count in the interference, is
awarded against junior party STEPHANIE M. MATTSON.
FURTHER ORDERED that junior party STEPHANIE M. MATTSON
is not entitled to a patent containing claims 1-14 (corresponding
to Count 1) of U.S. Patent 5,523,264, granted 4 June 1996, based
on application 08/414,689, filed 31 March 1995.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/581,517 and U.S. Patent
5,523,264.
- 3 -
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 )
)
)
______________________________)
SALLY GARDNER-LANE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
- 4 -
cc (via First Class Mail)
Practitioner for Mattson
(real party in interest
Owens-Corning Fiberglas Technology, Inc.,
Owens-Corning exclusive licensee):
Raymond C. Stewart, Esq.
BIRCH, STEWART, KOLASH & BIRCH, LLP
8110 Gatehouse Road
Suite 500 East
Falls Church, VA 22042
Tel: 703-205-8000
Fax: 703-205,8050
E-mail: rcs@bskb.com
E-mail: mailroom@bskb.com
Practitioner for Rouyer:
Richard J. Minnich, Esq.
FAY, SHARPE, BEAL, FAGAN, MINNICH and McKEE
1100 Superior Avenue
Suite 700
Cleveland, OH 44114-2518
Tel: 216-861-5582
Fax: 216-241-1666
E-mail: None