which it is represented that junior party’s involved patent
5,603,433 and senior party’s involved application 08/875,673
are now commonly owned by Electro Spray Company1. On May 8,
2001, Electro Spray was ordered to show cause why adverse
judgment as to the subject matter of the count should not be
entered against junior party Rene (Paper 18). Electro Spray
had 20 days from May 8, 2001 to respond to the ORDER TO SHOW
CAUSE. Electro Spray did not respond.
During a telephone conference call initiated by Board
personnel on May 29, 2001, counsel for Rene indicated that no
response to the ORDER TO SHOW CAUSE was sent. Counsel for
Rene further indicated that it would (1) contact counsel for
Bierend to find out if a response would be sent, and (2) get
back to Board personnel with an answer. No further
communication was made to the Board.
Upon consideration of the record, it is
ORDERED that judgment on priority as to Count 1
(Paper 1 at 5), the sole count in the interference, is awarded
against junior party ALBERT RENE.
1 Initially, Bierend represented that Electro Spray was
the real party in interest for Bierend (Paper 14). Initially,
Rene represented that Albert Rene was the real party in
interest for Rene (Paper 5).
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Last modified: November 3, 2007