CASKEY et al.v.BROOK et al. V. BROOK et al. V. KORNELUK et al.

Board of Patent Appeals and Interferences

Jul 20, 1998

08422699 (B.P.A.I. Jul. 20, 1998)

Application No. 08/484,044, filed June 6, 1993, now1
U.S. Patent No. 5,552,282, issued September 3, 1996. Accorded
Benefit of U.S. Application No. 08/019,940, filed February 19,
1993. Assignor to Baylor College of Medicine, Houston, TX.
Application No. 08/422,699, filed April 14, 1995. 2
Accorded Benefit of U.S. Application Nos. 08/284,543, filed
August 8, 1994; 08/023,612, filed February 26, 1993; and
07/839,255, filed February 20, 1992; PCT Application Nos.
PCT US93/01545, filed February 19, 1993; PCT GB93/00253, filed
February 5, 1993; and GB92/02485.0, filed February 6,1992.
-1-
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
C. THOMAS CASKEY, YING HUI FU, DAVID L. FRIEDMAN,
ANTONIO PIZZUTI and RAYMOND G. FENWICK
Junior Party,1
v.
J. DAVID BROOK, DAVID E. HOUSMAN, DUNCAN J. SHAW,
HELEN G. HARLEY and KEITH J. JOHNSON
Junior Party,2
v.
J. DAVID BROOK, DAVID E. HOUSMAN, DUNCAN J. SHAW,
HELEN G. HARLEY and KEITH J. JOHNSON
Interference No. 103,977
Application No. 08/422,706, filed April 14, 1995. 3
Accorded Benefit of U.S. Application Nos. 08/284,543, filed
August 8, 1994; 08/023,612, filed February 26, 1993;
07/839,255, filed February 20, 1992; and PCT Application Nos.
PCT US93/01545, filed February 19, 1993; PCT GB93/00253, filed
February 5, 1993; and GB9202485.0, filed February 6, 1992.
Application No. 07/837,405, filed February 18, 1992. 4
-2-
Junior Party,3
ROBERT G. KORNELUK and MANI S. MAHADEVAN
Senior Party.4
________________
Interference No. 103,977

Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
SOFOCLEOUS, Administrative Patent Judge.
JUDGMENT
Caskey et al., a junior party, have filed a concession of
priority which, pursuant to 37 CFR § 1.662(a), is treated as a
request for entry of an adverse judgment as to all claims
which correspond to the count.
Korneluk et al., the senior party, have filed a
concession of priority which, pursuant to 37 CFR § 1.662(a),
Interference No. 103,977
-3-
is treated as a request for entry of an adverse judgment as to
all claims which correspond to the count.
Accordingly, judgment as to the subject matter of the
count in issue is hereby awarded to J. David Brook, David E.
Housman, Duncan J. Shaw, Helen G. Harley and Keith J. Johnson,
the junior party. C. Thomas Caskey, Ying Hui Fu, David L.
Friedman,
Antonio Pizzuti and Raymond G. Fenwick are not entitled to a
patent containing claim 17 corresponding to the count.
Robert G. Korneluk and Mani S. Mahadevan are not entitled to a
patent containing claims 1, 2, 4, 5, 7 to 12 and 25 to 27
corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 103,977
-4-
Attorneys for Caskey et al.:
Patent Dept.
Fulbright & Jaworski
1301 McKinney St., Ste. 1500
Houston, TX 77010-3095
Attorneys for Brook et al.:
Patricia Granahan
Hamilton, Brook, Smith & Reynolds
Two Militia Dr.
Lexington, MA 02173
Attorneys for Korneluk et al.:
Samuel G. Layton, Jr.
Bell, Seltzer, Park & Gibson
Post Office Drawer 34009
Charlotte, NC 28234