09729536 (B.P.A.I. Jun. 5, 2002)

Ex Parte Myers

Board of Patent Appeals and InterferencesJun 5, 2002

09729536 (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The opinion in support of the decision being entered today is not binding precedent of the Board.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