Bluestone et al.v.Linsley et al.

Board of Patent Appeals and Interferences

Jan 16, 2004

08889666 (B.P.A.I. Jan. 16, 2004)

The opinion in support of the decision being
entered today is not binding precedent of the Board. Paper 27
Filed by: Trial Section Merits Panel
Board of Patent Appeals and Interferences Filed
U.S. Patent and Trademark Office January 16, 2004
P.O. Box 1450
Alexandria, VA 22313-1450
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES FAXED
PETER S. LINSLEY, PETER A. KIENER, JAN 16 2004,
JEFFREY A. LEDBETTER, NITIN K. DAMLE,
AND WILLIAM BRADY OFFICE
Senior Party, PATENT AREALS
(U.S. Patent No. 5,885,579), INI UYERENCES
V.
JEFFREY A. BLUESTONE, PHILLIP M. WALLACE
PETER S. LINSLEY, JEFFREY A. LEDBETTER, NITIN K. DAMLE,
AND WILLIAM BRADY
Junior Party
(U.S. Patent Application 08/696,107).
Patent Interference No. 105,107 (MPT)
Before: LEE, SPIEGEL and TIERNEY, Administrative Patent Judges.
TIERNEY, Administrative Patent Judge.
FINAL JUDGMENT
Senior Party Bluestone has filed a request for entry ofjudginent adverse to Bluestone
with respect to all counts in this interference (Counts 1 -11). (Bluestone Request for Entry of
Interference No. 105,107
Page No. 2
Adverse Judgment, Paper No. 26). As Bluestone has requested adverse judgment, judgment on
priority as to Counts 1-11 is entered against Bluestone. 37 C.F.R. § 1.662.
Upon consideration of the record, it is:
ORDERED that judgment on priority as to Counts 1-11, the counts in the interference, is
awarded against JEFFREY A. BLUESTONE, PHILLIP M. WALLACE, PETER S. LINSLEY,
JEFFREY A. LEDBETTER, NITIN K. DAMLE and WILLIAM BRADY.
FURTHER ORDERED that JEFFREY A. BLUESTONE, PHILLIP M. WALLACE,
PETER S. LINSLEY, JEFFREY A. LEDBETTER, NITIN K. DAMLE and WILLIAM BRADY
is not entitled to a patent containing claims 39-49 of Bluestone, U.S. Application Serial No.
08/696,107, as they correspond to Counts I -11.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Linsley et a]., U.S. Patent No. 5,885,579 and Bluestone et al., U.S.
Application No. 08/696,107.
J=AMESON LEE
str ive
Administrative Patent Judge
BOARD OF PATENT
C dAR'OWL ! I E APPEALS
Administrative Patent Judge AND
INTERFERENCES
MICHAEL P. TIERNEY
Administrative Patent Judge
Interference No. 105,107
Page No. 3
cc (via Facsimile)
Counsel for BLUESTONE- and LINSLEY:
Robert L, Baechtold, Esq.
FITZPATRICK CELLA HARPER & SCINTO
30 Rockefeller Plaza
NewyOrkNewyork 10112-3800
Tel: 212-218-2100
Fax: 212-218-2200