Linsley et al.v.Bluestone et al.

Board of Patent Appeals and Interferences

Jan 16, 2004

08008898 (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entered today is not binding precedent of the Board.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 23
Filed by: Trial Section Merits Panel
Board of Patent Appeals and Interferences Filed
U.S. Patent and Tradernark 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
JEFFREY A. BLUESTONE, PHILLIP M. WALLACE FAXED
PETER S. LINSLEY, JEFFREY A. LEDBETTER, NIT11.11 K. DAMLE,
AND WILLIAM BRADY
Junior Party JAN, 1 6,
(U.S. Patent Application 08/696,107),
V.
PETER S. LINSLEY, PHILLIP M. WALLACE,
JEFFREY A. LEDBETTER, NITIN K. DAMLE, AND WILLIAM BRADY
Senior Party,
(U.S. Patent No. 5,770,197).
Patent Interference No. 105,106 (MPT)
Before: LEE, SPIEGEL and TIERNEY, Administrative Patent Judges.
TIERNEY, Administrative Patent Judlize.
FINAL JUDGMENT
Junior Party Bluestone has filed a request for entry of judgment adverse to Bluestone
with respect to all counts in this interference (Counts 1-11). (Bluestone Request for Entry of
Interference No. 105,106
Page No. 2
Adverse Judgment, Paper No. 22). As Bluestone has requested adverse judgment, judgment on
priority as to Counts 1-11 is entered against Bluestone. 37C.F.R.§1.662.
Upon consideration of the record, it is:
ORDERED thatjudgment 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 28-38 of Bluestone, U.S. Application Serial No.
08/696,107, as they correspond to Counts 1-11.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Linsley et al., U.S. Patent No. 5,770,197 and Bluestone et al., U.S.
Application No. 08/696,107.
h JAMESON LEE Administrative Patent Judge
BOARD OF PATENT
CAROL A. i1EGEL APPEALS
Administrative Patent Judge AND
INTERFERENCES
MICHAEL P. TIERNEY
Administrative Patent Judge
Interference No. 105,106
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