Woodings vs. Broom

Board of Patent Appeals and Interferences

Jul 30, 2003

09601560 (B.P.A.I. Jul. 30, 2003)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 45
Filed by: Trial Section Merits Panel
Mail Stop Interference
P.O. Box 1450
Alexandria, VA 22313-1450
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ROBERT T. WOODINGS
Junior Party,
(Patent 6,220,373),
v.
GILBERT R. BROOM
Senior Party,
(Application 09/601,560).
_______________
Patent Interference No. 105,049
______________________
Before LEE, SPIEGEL, and MEDLEY, Administrative Patent Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Upon consideration of WOODINGS RESPONSE TO ORDER TO SHOW CAUSE
(Paper 43) and BROOM REQUEST FOR ADVERSE JUDGMENT (Paper 44), it is
1 For claim correspondence, see Redeclaration of Interference (Paper 41).
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ORDERED that judgment on priority as to Count 2 (Paper 36, page 2), the sole count in
the interference, is awarded against senior party GILBERT R. BROOM.
FURTHER ORDERED that senior party GILBERT R. BROOM is not entitled to a
patent containing claims 11, 17-19, 21-22, 24-26, and 28-291 (corresponding to Count 2) of
application 09/601,560.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
application 09/601,560 and U.S. Patent 6,220,373.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35
U.S.C. § 135(c) and 37 CFR § 1.661.
)
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________ ) BOARD OF PATENT
CAROL A. SPIEGEL ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________ )
SALLY C. MEDLEY )
Administrative Patent Judge )
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cc (via facsimile and first class mail):
Counsel for Woodings and Broom: (real party in interest - Woodings Industrial Corp.)
George P. Baier (lead counsel)
Brian Opalko (backup counsel)
Buchanan Ingersoll, P.C.
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Telephone: 412-562-1635
Fax: 412-562-1041