Stahly et alv.Elango

Board of Patent Appeals and Interferences

May 26, 1999

08445593 (B.P.A.I. May. 26, 1999)

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publication in a law journal and (2) is not binding precedent of the Board.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
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Kenneth J. Meyers
Finnegan, Henderson, Farabow,
Garrett & Dunner, L.L.P.
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Washington, DC 20005-3315