NOWOTNYv.RUFO et al.

Board of Patent Appeals and Interferences

Nov 18, 1998

08149632 (B.P.A.I. Nov. 18, 1998)

Patent 5,385,231, granted January 31, 1995, based on1
Application 08/200,112, filed February 22, 1994. Assignor to
Don Evans, Inc., DeForest, Wisconsin.
Application 08/149,632, filed November 9, 1993. 2
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(2) is not binding precedent of the Board.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
_____________
ROBERT C. NOWOTNY,
Junior Party,1
v.
GEORGE RUFO, JR. and ALVIN THOMAS,
Senior Party.2
_____________
Patent Interference No. 103,938
______________
Before METZ, PATE and MARTIN, Administrative Patent Judges.
PATE, Administrative Patent Judge.
JUDGMENT UNDER 37 CFR § 1.640
On March 26, 1998, an Order to Show Cause under 37 CFR
Interference No. 103,938
2
§ 1.640(d)(2) was entered against the junior party in the
above-noted interference for failure to file a preliminary
statement. The junior party has not responded to the Order.
Accordingly, the following judgment is entered.
Judgment
Judgment in Interference No. 103,938 is hereby entered
against Robert C. Nowotny, the junior party. Robert C.
Nowotny is not entitled to his patent claims 1-3 and 5-7,
which claims correspond to the count in interference. Judgment
is entered in favor of George Rufo, Jr. and Alvin Thomas, the
senior party. George Rufo, Jr. and Alvin Thomas are entitled
to a patent containing claims 16-29, which claims correspond
to the count in interference.
ANDREW H. METZ )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
WILLIAM F. PATE, III ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JOHN C. MARTIN )
Administrative Patent Judge )
Interference No. 103,938
3
svt
Interference No. 103,938
4
Attorneys for Nowotny:
Keith M. Baxter
QUARLES & BRADY
411 East Wisconsin Avenue
Milwaukee, WI 53202-4497
Attorneys for Rufo et al.:
William F. Mufatti
CAIN, HIBBARD, MYERS & COOK
66 West Street
Pittsfield, MA 01201