Salvittiv.WilliamsDownload PDFBoard of Patent Appeals and InterferencesMay 20, 200309837922 (B.P.A.I. May. 20, 2003) Copy Citation 1 Filed April 18, 2001. Accorded the benefit of application 60/198,525, filed April 19, 2000, and application 60/263,906, filed January 24, 2001. 2 Patent No. 6,269,576 is based on application 09/370532, filed August 9, 1999. Application 09/758,825 was filed January 11, 2001, and accorded the benefit of Patent No. 6,269,576. The real party in interest is Springfield, Inc. THIS OPINION WAS NOT WRITTEN FOR PUBLICATION AND IS NOT BINDING PRECEDENT OF THE BOARD Filed by: Trial Section Merits Panel Paper No. 32 Box Interference Washington, D.C. 20231 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT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 ALFRED W. SALVITTI, Junior Party, (Application 09/837,922)1, v. CHARLES D. WILLIAMS, Senior Party, (Patent 6,269,576 and Application 09/758,825)2 Patent Interference No. 105,018 Before LEE, LANE and MEDLEY, Administrative Patent Judges. LEE, Administrative Patent Judge. Judgment On May 12, 2003, senior party Williams filed a paper titled “WILLIAMS REQUEST Interference No. 105,018 Salvitti v. Williams - 2 - FOR ADVERSE JUDGMENT” (Paper No. 31), requesting entry of adverse judgment against the senior party. The request is granted. It is ORDERED that judgment as to the subject matter of the count is hereby entered against senior party CHARLES D. WILLIAMS; FURTHER ORDERED that senior party CHARLES D. WILLIAMS is not entitled to its claims 1-7, 18 and 19 of its involved Patent No. 6,269,576, which correspond to the count, and that senior party CHARLES D. WILLIAMS is also not entitled to its claims 8-13 and 15-17 of its involved Application 09/758,825, which correspond to the count; and FURTHER ORDERED that if there is a settlement agreement, the parties should note the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and FURTHER ORDERED that a copy of this judgment be filed in the respective involved application or patent of the parties. Interference No. 105,018 Salvitti v. Williams - 3 - Jameson Lee ) Administrative Patent Judge ) ) ) ) ) BOARD OF PATENT Sally Gardner Lane ) APPEALS Administrative Patent Judge ) AND ) INTERFERENCES ) ) ) Sally C. Medley ) Administrative Patent Judge ) Interference No. 105,018 Salvitti v. Williams - 4 - By Facsimile Counsel for Senior Party Williams: 317-637-7561 (Fax) John C. McNett, Esq. Woodard, Emhardt, Naughton, Moriarty & McNett LLP Bank One Center/Tower 111 Monument Circle, Suite 3700 Indianapolis, IN 46204-4137 Counsel for Junior Party Salvitti: 610-359-8580 (Fax) Robert B. Famiglio, Esq. P.O. Box 1999 Media, PA 19063 Copy with citationCopy as parenthetical citation