LEWIS et al.v.ALEXANDER et al. V. ALLGOOD et al.

Board of Patent Appeals and Interferences

May 27, 1998

07988773 (B.P.A.I. May. 27, 1998)

Patent No. 5,313,595, granted May 17, 1994, based on1
Application 07/988,773, filed December 10, 1992. Assignor to
Digital Equipment Corporation, Maynard, MA.
Application 08/406,697, filed March 20, 1995. 2
Accorded benefit of Application 07/955,938, filed October 2,
1992. Assignor to Compaq Computer Corporation.
Application 08/239,999, filed May 9, 1994. Accorded3
benefit of Application 07/741,552, filed August 7, 1991, now
abandoned.
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not binding precedent of the Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
MARK S. LEWIS
and RONALD R. RAVEY
Junior Party1
V.
DENNIS J. ALEXANDER
and WILLIAM C. GALLOWAY
Junior Party2
V.
ROBERT D. ALLGOOD
and GLENN B. DIXON
Senior Party3
____________
Interference No. 103,827
____________
JUDGMENT
____________
Interference No. 103,827
2
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
URYNOWICZ, Administrative Patent Judge.
Lewis et al. and Alexander et al., the junior parties,
have each filed a concession of priority, 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 the count.
Accordingly, judgment as to the subject matter of the
count in issue is hereby awarded to Robert D. Allgood and Glenn B.
Dixon, the senior party. Lewis et al. are not entitled to their
patent containing claims 1-16 corresponding to the count and
Alexander et al. are not entitled to a patent with their claims
10-23.

STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge)
)
)
)
Interference No. 103,827
3
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge) APPEALS
) AND
) INTERFERENCES
)
)
)
MARY F. DOWNEY )
Administrative Patent Judge)
Attorney for Lewis et al.:
Patent Law Group
Digital Equipment Corp.
111 Powermill Road
MS02-3/G3
Maynard, MA 01754-1499
Attorney for Alexander et al.:
Pravel, Gambrell, Hewitt,
Kimball & Krieger
1177 West Loop South
10th Flr.
Houston, TX 77027-9095
Attorney for Allood et al.:
Richard E. Kurtz
Woodcock, MacKiewicz and Norris
One Liberty Place, 46th Fl.
Philadelphia, PA 19103
David L. Feigenbaum
Fish & Richardson, P.C.
225 Franklin Street
Boston, MA 02110-2804