NASRv.VOLDEN et al.

Board of Patent Appeals and Interferences

Sep 30, 1998

08390648 (B.P.A.I. Sep. 30, 1998)

Patent 5,288,213, granted February 22, 1994, based on Application 07/978,628,1
filed November 19, 1992. Assignor to PMC Liquiflo Equipment Co., Inc., Warren, New
Jersey.
Application 08/390,648, filed February 14, 1995. Accorded benefit of2
Application 07/986,362, filed December 7, 1992 and Application 07/491,980, filed March
12, 1990.
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publication in a law journal and (2) is not binding precedent of the Board.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. 15
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
ALI M. NASR
Junior Party1
v.
DOUGLAS J. VOLDEN, RICHARD
HOSANNA and JAMES P. NETZEL
Senior Party2
_____________
Interference No. 103,927
______________
JUDGMENT
_______________
Before METZ, PATE and MARTIN, Administrative Patent Judges.
PATE, Administrative Patent Judge.
Interference No. 103,927
2
On January 23, 1998, an Order to Show Cause was entered
against junior party Nasr for failure to file a preliminary
statement under 37 CFR § 1.640(d)(2). Junior party Nasr has
failed to respond to the Order. Accordingly, the following
judgment is entered.
Judgment
Judgment in Interference No. 103,927 is hereby entered
against Ali M. Nasr, the junior party, on the ground of
priority of invention. Ali M. Nasr is not entitled to his
patent claims 1 through 13, which claims correspond to the
count in interference. Judgment is entered in favor of Douglas
J. Volden, Richard Hosanna, and James P. Netzel, the senior
party. Douglas J. Volden, Richard Hosanna, and James P. Netzel
are entitled to a patent containing claims 49 through 58,
which claims correspond to the count in interference.
)
ANDREW H. METZ )
Administrative Patent Judge )
)
Interference No. 103,927
3
)
) BOARD OF PATENT
WILLIAM F. PATE, III )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOHN C. MARTIN )
Administrative Patent Judge )
Counsel for Nasr:
Paul J. Cook
8 Washington Street
Manchester, MA 01944
Counsel for Volden et al.:
KINZER, PLYER, DORN, McEACHRAN & JAMBOR
Mid-Continental Plaza
55 East Monroe Street
Chicago, IL 60603