Michalcewiz et alv.Fawley

Board of Patent Appeals and Interferences

Feb 13, 2002

08212059 (B.P.A.I. Feb. 13, 2002)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper 69
Filed by: Sally C. Medley
Administrative Patent Judge
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
_______________
WILLIAM W. MICHALCEWIZ, GEORGE C. TUNIS III,
RIKARD K. HARALDSSON, and BROCK J. VINTON
Junior Party,
(Patent 5,505,030),
v.
NORMAN C. FAWLEY,
Senior Party,
(Application 08/205,502).
______________
Patent Interference No. 104,548
______________
Before GARDNER-LANE, MEDLEY and TIERNEY, Administrative Patent
Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
On January 30, 2001 paralegal specialist Sonja Despertt
telephoned counsel for junior party Michalcewiz, Mr. Andrade, to
determine why Michalcewiz had failed to file its brief on the
issue of priority. The brief was due January 16, 2002. Mr.
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Andrade indicated that Michalcewiz had abandoned the contest and
would file a paper indicating such.
On February 6, 2002, the board received from Michalcewiz a
letter in which Michalcewiz (Hardcore Operations, LLC) indicates
that it has “decided not to continue with the patent
interference” (Paper 68).
In essence, Michalcewiz has abandoned the interference
contest. An abandonment of the contest will be treated as a
request for entry of an adverse judgment against Michalcewiz as
to all claims which correspond to the count. 37 CFR § 1.662(a).
Upon consideration of Michalcewiz abandonment of the contest
(Paper 68), it is
ORDERED that judgment on priority as to Count 1 (Paper
54, pages 2-3) and Count 2 (Paper 54, pages 3-4) is awarded
against junior party WILLIAM W. MICHALCEWIZ, GEORGE C. TUNIS III,
RIKARD K. HARALDSSON, and BROCK J. VINTON.
FURTHER ORDERED that junior party WILLIAM W.
MICHALCEWIZ, GEORGE C. TUNIS III, RIKARD K. HARALDSSON, and BROCK
J. VINTON is not entitled to a patent containing claims (1) 1, 2,
6, 8, 9, 13, and 15-19 and (2) 20-22, 25, 26, 28-30, 32, 36-39,
and 43 (corresponding to the Counts 1 and 2 respectively) of U.S.
Patent 5,505,030, filed 14 March 1994.
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FURTHER ORDERED that a copy of this paper shall be made
of record in files of application 08/205,502 and U.S. Patent
5,505,030.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and 37 CFR
§ 1.661.
)
SALLY GARDNER-LANE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY C. MEDLEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
MICHAEL P. TIERNEY )
Administrative Patent Judge )
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cc (via Federal Express and facsimile):
For the party Michalcewiz et al.:
John C. Andrade, Esq.
116 W. Water Street
P.O. Box 598
Dover, DE 19903
Fax: 302-678-3262
For the party Fawley:
John P. Shannon, Esq.
VENABLE
Suite 1000
1201 New York Avenue, N.W.
Washington, D.C. 20005-3917
Fax: 202-962-8300