MONNIER et al.v.FISCHER

Board of Patent Appeals and Interferences

Aug 31, 1998

07528048 (B.P.A.I. Aug. 31, 1998)

1Application 08/194,655, filed February 10, 1994.
Accorded the benefit of U.S. Application Nos. 07/746,530,
filed August 19, 1991, now abandoned; 07/627,668, filed
December 14, 1990, now Patent No. 5,082,956, issued January
21, 1992; and 07/490,208, filed March 8, 1990. Assignors to
Eastman Chemical Company, A Corp. of New Jersey.
2Patent 5,034,545, granted July 23, 1991, based on
Application 07/528,048, filed May 23, 1990. Accorded the
benefit of German P3926147.6 filed August 8, 1989. Assignor
to BASF Corporation, Delaware.
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(2) is not binding precedent of the Board.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. 163
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
JOHN R. MONNIER, STEPHEN N. FALLING,
STEPHEN A. GODLESKI, HOWARD M. LOW,
LAUGHLIN G. McCULLOUGH, LYNDA W. McGARRY,
PATRICIA LOPEZ-MALDONADO, FRANK G. WEBSTER
AND GERALD W. PHILLIPS,
Junior Party,1
v.
MARTIN FISCHER,
Senior Party.2
_____________
Interference No. 103,455
3The junior party is nominally referred to as "Monnier et
al." as originally designated. However, the junior party may
be more accurately referred to as "Falling" since all-named
inventors have been deleted from the involved junior party
application except for Stephen N. Falling (see Redeclaration
Paper No. 68).
2
Patent Interference No. 103,455
______________
Before CAROFF, DOWNEY, and HANLON, Administrative Patent
Judges.
CAROFF, Administrative Patent Judge.
JUDGMENT
Fischer, the senior party, has filed a request for entry
of an adverse judgment (Paper No. 160) pursuant to 37 CFR
§ 1.662(a). Accordingly, judgment is hereby entered as
follows:
Judgment as to the subject matter of the sole count in
issue (count 2 - see Redeclaration Paper No. 68) is hereby
awarded to Monnier et al.,3 the junior party.
Martin Fischer is not entitled to his patent claims 1-6
corresponding to the count.
On this record, junior party Monnier et al. is entitled
to its claims 72-73 corresponding to the count. For
Interference No. 103,455
3
completeness,
Interference No. 103,455
4
we note that Monnier et al. claims 66-71 have been held
unpatentable (see the Decision on Motions - Paper No. 67, page
3).
MARC L. CAROFF )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARY F. DOWNEY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ADRIENE LEPIANE HANLON )
Administrative Patent Judge )
Interference No. 103,455
5
Attorneys for Mannier et al.:
R. Danny Huntington, Esquire
BURNS, DOANE, SWECKER & MATHIS
P.O. Box 1404
Alexandria, VA 22313-1404
Attorneys for Fischer:
Brian W. Stegnan
BASF Corporation
3000 Continental Drive North
Mt. Olive, New Jersey 07828-1234