Ex Parte Montgomery

Board of Patent Appeals and Interferences

Jun 8, 2005

08911619 (B.P.A.I. Jun. 8, 2005)

Filed September 14, 2000. Accorded the benefit of Application 09/151,286, filed September 11, 1998, and1
Application 60/058,970, filed September 12, 1997. According to party Nickles, the real party in interest is New York Air
Brake Corporation, owned by Knorr-Brake Holding Corporation, which is in turn owned by Knorr-Bremse AG.
Based on Application 08/911,619, filed August 15, 1997. The real party in interest is Westinghouse Air2
Brake Company.
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 19
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UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
STEPHEN NICKLES, MICHAEL HAWTHORNE,
JOHN HALEY and BRYAN McLAUGHLIN
Junior Party
(Application 09/661,566)1
v.
STEPHEN R. MONTGOMERY
Senior Party
(Patent No. 5,950,967)2
_______________
Patent Interference No. 105,306
_______________
Before SCHAFER, LEE and LANE, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Order to Show Cause – Bd. R. 202(d)
In accordance with the decision (Paper No. 16) on party Nickles’ response (Paper No. 15)
to the show cause order of April 28, 2005 (Paper No. 2), it is
Interference No. 105,306
Nickles . Montgomery
2
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
junior party STEPHEN NICKLES, MICHAEL HAWTHORNE, JOHN HALEY and BRYAN
McLAUGHLIN;
FURTHER ORDERED that junior party STEPHEN NICKLES, MICHAEL
HAWTHORNE, JOHN HALEY and BRYAN McLAUGHLIN is not entitled to claims 1-16 of
its involved application, which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205;
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
June 8, 2005
Interference No. 105,306
Nickles . Montgomery
3
By Facsimile:
Attorney for junior party Nickles:
202-289-1330 (Fax)
Perry Palan, Esq.
BARNES & THORNBURG
750 17th Street, N.W.
Suite 900
Washington, D.C. 20006
Attorney for senior party Montgomery:
412-471-4094 (Fax)
Paul M. Resnick, Esq.
THE WEBB LAW FIRM, P.C.
700 Koppers Building
436 Seventh Avenue
Pittsburg, PA 15219