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ABRUTYN v. GIOVANNIELLO

Nos. 93-1248, 93-1249.

15 F.3d 1048 (1994)

Eric S. ABRUTYN and Robert J. Sloan, Appellants, v. Rocco GIOVANNIELLO, Appellee.

United States Court of Appeals, Federal Circuit.

January 27, 1994.

Attorney(s) appearing for the Case

Chris Doninger, Glynn & Byrnes, Flemington, NJ, argued for appellants. With him on the brief was Kenneth P. Glynn.

Anthony L. Lagani, Jr., P.C., Morristown, NJ, argued for appellee.

Fred E. McKelvey, Sol. and Richard Torczon, Asst. Sol., Office of the Sol., Arlington, VA, were on the brief for amicus curiae, Com'r of Patents and Trademarks.

Before ARCHER, MICHEL and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

Eric Abrutyn and Robert Sloan, through their assignee Somerville Technology Group (STG), appeal the December 18, 1992 default judgment of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), awarding the subject matter of the counts of two related interferences, Nos. 102,895 and 102,896, to Rocco Giovanniello. Abrutyn and Sloan failed to file a preliminary statement or preliminary motion by the deadline for...

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