Rayv.Sekhar et al.

Board of Patent Appeals and Interferences

Jul 5, 2000

08666870 (B.P.A.I. Jul. 5, 2000)

Patent 5,492,604, granted February 20, 1996, based on Application 08/364,918, filed December 28, 1994,1
Assignor Aluminum Company of America.
Application 08/666,870, filed June 17, 1996. 2
1
Paper 21
Filed by: Interference Trial Section Motions Panel
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
_______________
SIBA P. RAY
Junior Party,1
v.
JAINAGESH A. SEKHAR and VITTORIO DE NORA
Senior Party,2
_______________
Patent Interference No. 104,062
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and TORCZON,
Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
JUDGMENT
2
On May 30, 2000, an order was issued directing the senior party to show cause why judgment
should not be entered against it. No response to that order has been filed. During a telephone conference
on June 27, 2000, counsel for the senior party confirmed that no response had been filed. The time for
filing a response having expired, it is appropriate to enter judgment against the senior party. 37 CFR §
1.640(e). Accordingly it is
ORDERED that judgment on priority as to the subject matter of the Count (Attachment to Paper
2, p.3), is awarded against the senior party JAINAGESH A. SEKHAR and VITTORIO DE NORA;
FURTHER ORDERED that senior party, JAINAGESH A. SEKHAR and VITTORIO DE
NORA, is not entitled to a patent containing claims 71-80 and 84 (corresponding to the count) of
application 08/666,870; and it is
FURTHER ORDERED that a copy of this judgment be made of record in application 08/666,870
and in the file of Patent 5,492,604.
______________________________)
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
RICHARD TORCZON )
Administrative Patent Judge )
)
3
cc: (via FedEx)
Counsel for RAY et al. Counsel for SEKHAR et al.
Glenn E. Klepac, Esq. Jayadeep R. Deshmukh, Esq.
Aluminum Company of America 27 Vendeventer Avenue
Alcoa Technical Center Princeton, NJ 08542
100 Technical Drive
Alcoa Center, PA 15069-0001 Tel: 609-688-0202
Tel: 412-337-2770
Fax: 412-337-5959
Fax: 609-688-0954