Levine et al.v.Levine et al. V. Hermsmeyer

Board of Patent Appeals and Interferences

Jun 18, 2004

08743153 (B.P.A.I. Jun. 18, 2004)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 25
By: Trial Section Merits Panel
Bwd of Patent Appeals and Interferences Filed:
U.S. Patent and Trademark Office June 18, 2004
P.O. Box 1450
Alexandria, VA 22313-1450
Tel: 703-308-9797
Fax: 703-305-0942
LNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
AILED
R. KENT HERMSMEYER JUJN71 8 2004
Junior Party,
ýT . & TM. OFFICE (Application 10/266,379), PAI TENT 7 APPFALS BOARD 6F PAkfENT APPEALS
AND INTERFERENCES
V.
HOWARD L. LEVINE and WILLIAM J. BOLOGNA
Senior Party
(Patent Nos. 6,054,447 and 5,985,86 1).
Patent Interference No. 105,186
Before: LEE, MOORE and POTEATE, Administrative Patent Judges.
POTEATE, Administrative Patent Judge.
JUDGMENT-RULE 662
On June 9, 2004, the Board received from junior party Hermsmeyer a Request for
Adverse Judgment as to Counts I and 2 (Paper 24). Accordingly, it is
ORDERED that J .udgment on priority as to Counts I and 2 (Paper I at 5), the sole counts
of the interference, is ilwarded against junior party R. KENT HERMSMEYER.
0
FURTHER ORDERED that junior party R. KENT HERMSMEYER is not entitled to a
patent containing claims 1, 3, 5 & 6 and claims 2 and 4 of Application 10/266,379, which
correspond to Counts 1 and 2, respectively.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
Application 10/266,379, U.S. Patent 6,054,447 and U.S. Patent 5,985,861.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35
U.S.C. § 135(c) and 37 CFR § 1.661.
/fAMESON L
(Administrative Patent Judge
BOARD OF PATENt
APPEALS AND
* min)ist&rativeý? INTERFERENCES
LINDA R. POTEATE
Administrative Patent Judge
2
cc (via fax and first class mail):
Attorney for HERMSMEYER:
Howard Eisenberg, Esq.
2206 Applewood Court
Perkasie, PA 18944
Fax: 215-701-0803
Attorney for LEVINE:
Scott H. Blackman, Esq.
WINSTON & STRAWN LLP
1400 L Street, N.W.
Washington, DC 20005
Fax: 202-371-5950
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