White et al.

Board of Patent Appeals and Interferences

Oct 23, 2001

08464129 (B.P.A.I. Oct. 23, 2001)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 24
Filed by: Trial Section Merits 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
_______________
FRITZ H. BACH
and AGUSTIN DALMASSO,
Junior Party,
(Patent Application 08/426,377),
v.
DAVID J. WHITE
and ALAN F. WILLIAMS,
Senior Party,
(Applications 08/464,129 and 08/347,210).
______________
Patent Interference No. 104,659
_______________
Before MCKELVEY, Senior Administrative Patent Judge, and
SCHAFER, and GARDNER-LANE, Administrative Patent Judges.
GARDNER-LANE, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Bach has filed a paper entitled "JUNIOR PARTY’S MOTION FOR
ADVERSE JUDGMENT" (Paper 23).
In the paper, Bach states that it requests that adverse
judgment be entered against it in the interference.
ORDER
- 2 -
Upon consideration of the record of the interference, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior party
FRITZ H. BACH and AGUSTIN DALMASSO;
FURTHER ORDERED that junior party FRITZ H. BACH and
AGUSTIN DALMASSO, is not entitled to a patent containing claims
1-3, 5-7, 9-15, 17-19, 23, 50, 55, 62, and 63 of application
08/426,377, which correspond to Count 1; and
FURTHER ORDERED that a copy of this decision be given
a paper number and be entered in the administrative records of
Bach’s 08/426,377 application and White’s 08/464,129 and
08/347,210 applications.
______________________________
FRED E. MCKELVEY, Senior )
Administrative Patent Judge )
)
)
)
______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
______________________________)
SALLY GARDNER-LANE )
Administrative Patent Judge )
- 3 -
cc (via facsimile and first class mail):
Attorney for BACH:
Ralph A. Loren, Esq.
LAHIVE & COCKFIELD, LLP
28 State Street
Boston, MA 02109
Tel: 617-227-7400
Fax: 617-742-4214
Attorney for WHITE:
Robert L. Baechtold, Esq.
FITZPATRICK, CELLA, HARPER & SCINTO
30 Rockefeller Plaza
New York, NY 10112
Tel: 212-218-2100
Fax: 212-218-2200