MCCARTHYv.NISSER

Board of Patent Appeals and Interferences

Oct 21, 1997

08200182 (B.P.A.I. Oct. 21, 1997)

Patent No. 5,424,786, granted June 13, 1995, based on1
Application 08/200,182, filed February 22, 1994. Accorded
benefit of Canada Application 2,090,713, filed February 23,
1993.
Application 08/087,813 filed November 1, 1993. 2
Accorded benefit PCT Application PCT/BE92/00049, filed
November 9, 1992.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is
not binding precedent of the Board.
Paper No. 8
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
GERALD T. McCARTHY
Junior Party1
v.
GUNILLA LOFGREN NISSER
Senior Party2
_____________
INTERFERENCE NO. 103,867
_____________
JUDGMENT
_____________

McCarthy, the junior party, has filed a statutory
disclaimer under 35 U.S.C. § 253, which, pursuant to 37 CFR §
Interference No. 103,867
2
1.662(c), is treated as a request for entry of an adverse
judgment as to all claims which correspond to the count.
Accordingly, judgment as to the subject matter of the
count in issue is hereby awarded to Gunilla Lofgren Nisser,
the senior party. McCarthy is not entitled to its patent
containing claims 1, 7, 8 and 11-14 corresponding to the
count.
The resealed preliminary statement of Nisser is being
returned to Nisser with its copy of this decision. The
statement was inadvertently opened at the Board prior to the
mailing of this judgment.

Interference No. 103,867
3
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
WILLIAM F. PATE, III )
Administrative Patent Judge )
Interference No. 103,867
4
Attorney for McCarthy:
Joseph A. Sawyer, Jr.
Benman, Collins & Sawyer
620 Hansen Way, Ste. A
Palo Alto, CA 94304
Attorney for Nisser:
Darby & Darby, P.C.
805 Third Ave.
New York, N.Y. 10022