NAGEL et al.v.SAINTON

Board of Patent Appeals and Interferences

Jul 14, 1998

07863568 (B.P.A.I. Jul. 14, 1998)

Application 08/148,661 filed November 5, 1993. 1
Assignors to Compaq Computer Corporation. Accorded benefit of
U.S. Application 07/973,625 filed November 9, 1992, now Patent
No. 5,428,671 issued June 27, 1995; and U.S. Application
07/972,949 filed November 6, 1992, now abandoned.
Application 07/863,568 filed April 6, 1992, now Patent2
No. 5,249,218 issued September 28, 1993. Assignor to Spectrum
Information Technologies, Inc.
-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not binding precedent of the Board.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. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
PAUL E. NAGEL and ROBIN T. CASTELL
Junior Party,1
v.
JOSEPH B. SAINTON
Senior Party,2
____________
Patent Interference No. 103,916
_____________
Interference No. 103,916
-2-
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
URYNOWICZ, Administrative Patent Judge.
JUDGMENT
Nagel et al., the junior party, has 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 count
1, the sole count, is hereby awarded to Joseph B. Sainton, the
senior party. Nagel et al. is not entitled to a patent containing
claims 9, 10, 12, 14, 16, 17, 19-21, 23-30 and 32-34 corresponding
to the count.

)
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
Interference No. 103,916
-3-
) INTERFERENCES
)
)
MARY F. DOWNEY )
Administrative Patent Judge )
)
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