Spain et alv.Truog

Board of Patent Appeals and Interferences

Sep 10, 2002

08346548 (B.P.A.I. Sep. 10, 2002)

Paper No. 178
Filed by: Merits panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-308-7953
The opinion in support of the decision being entered today is not
binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
PATRICK L. SPAIN and KEITH L. TRUOG,
Junior Party,
(S.N. 08/346,548)
v.
THOMAS M. ELLISON and ROBERT A. WINTON,
Senior Party.
(P.N. 4,943,680)
________
Patent Interference No. 103,782
__________
Before: PATE, MARTIN, and CRAWFORD, Administrative Patent Judges.
CRAWFORD, Administrative Patent Judge.
Interference No. 103,782
2
Judgement
In consideration of the REQUEST FOR ENTRY OF ADVERSE
JUDGMENT 37 CFR § 1.662(a), judgement as to the subject matter of
Count I, is hereby entered against party Ellison, who is
therefore not entitled to a patent containing claims 1-10, which
correspond to the count. As a result, judgement as to the
subject matter of Count I, is awarded to party Spain, who is
therefore, on this record, entitled to a patent with claims 99,
101, 105, 109-116, which correspond to the count.
William F. Pate, III )
Administrative Patent Judge )
)
)
)
John C. Martin ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Murriel E. Crawford )
Administrative Patent Judge )
Interference No. 103,782
3
Attorney(s) for Spain et al.
Kenneth J. Burchfiel
Sughrue, Mion, Zinn, Macpeak & Seas, PLLC
2100 Pennsylvania Avenue, N.W.
Washington, DC 20037
Attorney(s) for Ellison et al.
William M. Atkinson
Alston & Bird, LLP
Bank of America Plaza
101 South Tyron Street, Suite 4000
Charlotte, NC 28280-4000
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