Interference No. 102,755
prior art braking systems which used all of the brakes during
taxi-snubs as well as during landing.
The parties' claims that are designated as
corresponding to the count are Nedelk patent claims 1-11 and
Stimson et al. (Stimson) application claims 16-19. John
Nedelk and all of the Stimson et al. inventors are also
involved with a third party (DeVlieg) in another interference
on related subject matter: Interference No. 102,756, captioned
"DeVlieg v. Beck et al. v. Stimson et al.," wherein the party
Beck et al. includes Arnold A. Beck and John Nedelk as well as
Edgar J. Ruof, Ralph J. Hurley, and Steven R. Smithberger.
The Beck et al. patent involved in the '756 interference is a
continuation-in-part of the Nedelk patent involved in this
interference; both are assigned to Aircraft Braking Systems
Corporation (ABSC).
A. The issues
The issues before us are priority and two belated
37 CFR § 1.633(a) motions for judgment filed by Nedelk,3
including an "on-sale motion" alleging an on-sale bar based on
All references to the interference rules in this decision3
are to the rules as amended effective April 21, 1995. Patent
Appeal and Interference Practice -- Notice of Final Rule
(hereinafter 1995 Final Rule Notice), 60 Fed. Reg. 14,488
(March 17, 1995); 1173 Off. Gaz. Pat. & Trademark Office 36
(April 11, 1995).
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