Stahly et alv.ElangoDownload PDFBoard of Patent Appeals and InterferencesMay 26, 199908445593 (B.P.A.I. May. 26, 1999) Copy Citation 1 Application 07/451,563, filed December 18, 1989, now U.S. Patent No. 4,990,658, granted February 5, 1991. Assignee Albemarle Corporation. 2 Application 08/445,593, filed May 22, 1995. Assignee Hoechst Celanese Corporation. 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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ BARBARA C. STAHLY, RONNY W. LIN and E. E. ATKINSON, JR. Junior party1 v. VARADARAJ ELANGO Senior party2 __________ Patent Interference No. 103,852 ___________ Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges. DOWNEY, Administrative Patent Judge. Interference No. 103,852 2 JUDGMENT PURSUANT TO 37 C.F.R. § 1.662(c) Under the provisions of 35 U.S.C. § 253, Albemarle Corporation, assignee of the patentees, Barbara C. Stahly, Ronny E. Lin and E.E. Atkinson, Jr., filed a statutory disclaimer of claims 1 though 41 in U.S. Patent No. 4,990,658 of said claims corresponding to the count in this interference (See Paper No. 18 of the patent file and copy of disclaimer attached to Paper No. 110 in the interference file). Accordingly, pursuant to 37 C.F.R. § 1.662(c), said disclaimer is treated as a request for entry of adverse judgment. Accordingly, JUDGMENT pursuant to 37 C.F.R. § 1.662(c) as to the subject matter of the count in issue is hereby awarded to Varadaraj Elango, the senior party and against Barbara C. Stahly, Ronny E. Lin and E. E. Atkinson, Jr. Accordingly, on this record, senior party Elango is entitled to a patent containing claims 1-75 corresponding to the count and junior party Stahly et al. is not entitled to its patent Interference No. 103,852 3 containing claims 1 through 41 corresponding to the count. ) STANLEY URYNOWICZ, JR. ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT MICHAEL SOFOCLEOUS ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) MARY F. DOWNEY ) Administrative Patent Judge ) MFD/caw Interference No. 103,852 4 John F. Sieberth John F. Sieberth & Associates 2924 Brakley Drive, Suite A-1 Baton Rouge, LA 70816 Kenneth J. Meyers Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 1300 I Street, N.W., Ste. 700 Washington, DC 20005-3315 Copy with citationCopy as parenthetical citation