HIRD et alv.MATNER et al

Board of Patent Appeals and Interferences

Feb 25, 1998

08443820 (B.P.A.I. Feb. 25, 1998)

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(2) is not binding precedent of the Board.
Paper No. 8
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
ROBERT F. HIRD AND EDWARD F. COSGROVE,
Junior Party,1
v.
RICHARD R. MATNER, WILLIAM E. FOLTZ
AND LEWIS P. WOODSON,
Senior Party, 2
_____________
Patent Interference No. 103,606
______________
Before DOWNEY, HANLON, and WEIMAR, Administrative Patent Judges.
Interference No. 103,606
ENTRY OF ADVERSE JUDGMENT AGAINST HIRD ET AL.
Receipt is acknowledged of REQUEST FOR ENTRY OF ADVERSE
JUDGMENT AGAINST JUNIOR PARTY filed by Junior party Hird et al.
(Paper No. 7) which, pursuant to 37 CFR § 1.662(a), is treated as
a request for entry of an adverse judgment as to all claims which
correspond to Count 1, the sole count in issue.
Furthermore, Junior party Hird et al. have failed to file a
preliminary statement, and are therefore, restricted to their
filing date under 37 CFR § 1.629(c), which date is subsequent to
the date granted Senior party Matner et al. Hird et al. have
also failed to file any preliminary motions under 37 CFR § 1.633,
and the time for filing such motions has expired. Accordingly,
Hird et al. are not entitled to raise any issues at final
hearing. In view of the foregoing, entry of judgment against
Junior party Hird et al. is now appropriate.
JUDGMENT
Judgment as to the subject matter of Count 1 is hereby
entered against the Junior party, Robert F. Hird and Edward F.
Cosgrove. Robert F. Hird and Edward F. Cosgrove are not entitled
Interference No. 103,606
Judgment as to the subject matter of Count 1 is hereby
awarded to the Senior party, Richard R. Matner, William E. Foltz
and Lewis P. Woodson. On the record before the Patent and
Trademark Office in this interference, Richard R. Matner, William
E. Foltz and Lewis P. Woodson are entitled to a patent containing
claims 12-22 which correspond to Count 1.
MARY F. DOWNEY )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ADRIENE LEPIANE HANLON ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ELIZABETH C. WEIMAR )
Administrative Patent Judge )
Interference No. 103,606
Counsel of record for Hird et al.:
ENVIROCON INTERNATIONAL, INC.
1700 North Broadway, Suite 308
Walnut Creek, CA 94956
Counsel of record for Matner et al.:
Robert A. Armitage, Esq.
Michael A. Sanzo, Esq.
VINSON & ELKINS, L.L.P.
1455 Pennsylvania Avenue, Suite 700
Washington, D.C. 20004-1008