Ex Parte Mezzalira

Board of Patent Appeals and Interferences

Apr 26, 2002

08243483 (B.P.A.I. Apr. 26, 2002)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper No. 37
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
FAXED
DOUGLAS B. WOOD,
Junior Party, APR 2 6 2002
(Application 08/643,389),
PAT & TM. OFFICE
BOARD OF PATENT APPEALS V. ANDINTERFERENCES
RINALDO MEZZALIRA,
Senior Party,
(Patent 5,477,888).
Patent Interference No. 104,564
Before SCHAFER, SPIEGEL and MEDLEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT PURSUANT To 37 CFR § 1.662
On April 19, 2002, the Board received a paper entitled
"WOOD'S CONCESSION OF PRIORITY" (Paper 35), in which Wood
concedes priority as to the count of the pending interference.
Wood's concession of priority is treated as a request for entry
of an adverse judgment against it as to all claims which
correspond to count 1, the sole count in the interference. 37
CFR § 1,662(a).
Upon consideration of Wood's concession of priority, it is
ORDERED that judgment on priority as to Count 1 (Paper
1 at 5) is awarded against junior party DOUGLAS B. WOOD.
FURTHER ORDERED that junior party DOUGLAS B. WOOD is
not entitled to a patent containing claims 3-7 (corresponding to
Count 1) of application 08/643,389, filed 6 May 1996.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/643,389 and U.S. Patent
5,477,888.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
1.661.
RICHARD E. SCHAFER
Administrative Patent Jidge
BOARD OF PATENT
CAROL A. SP-IJZGEW APPEALS AND
Administrative Patent Judge INTERFERENCES
-b-ALLY Y. REDLEY
Administrative Patent Judge
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cc (via facsimile and federal express):
Attorney for Wood:
Nancy T, Krawczyk, Esq.
The Goodyear Tire & Rubber Company
1144 East Market Street
Akron, Ohio 44316-0001
.Fax: (330)796-9018
Attorney for Mezzalira:
Daniel O'Byrne
Via di Citille, 85
50022 Greve (FI) ITALY (EUROPE)
Fax: (011)(39)(055)854-4289
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