DLUGOKECKI et al.v.STROBEL et al.

Board of Patent Appeals and Interferences

Feb 11, 1998

08595266 - (J) (B.P.A.I. Feb. 11, 1998)

Patent No. 5,406,117, issued April 11, 1995, based on1
Application 08/164,139, filed December 9, 1993. Unassigned.
Application 08/595,266 filed February 1, 1996. Unassigned. 2
Accorded benefit of Applications 08/372,235, filed January 13, 1995,
and 08/077,731, filed June 18, 1993.
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not binding precedent of the Board.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. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JOSEPH DLUGOKECKI and JOSEPH FLORIAN,
Junior Party,1
v.
DAVID STROBEL and DAVID CZAJOWSKI,
Senior Party.2
______________
Patent Interference No. 103,953
______________
JUDGMENT
_____________
METZ, PATE, and MARTIN, Administrative Patent Judges.
MARTIN, Administrative Patent Judge.
Interference No. 103,953
- 2 -
Dlugokecki et al. have filed a concession of priority,
which we are treating pursuant to 37 CFR § 1.662(a) as a request
for entry of adverse judgment against their claims that
correspond to the count. Accordingly, judgment as to the subject
matter of the count is hereby entered against Dlugokecki et al.'s
patent claims 1-27, which means Dlugokecki et al. are not
entitled to a patent containing those claims. Judgment as to the
subject matter of the count therefore is awarded in favor of
Strobel et al., who are entitled to their claims that correspond
to the count, i.e., application claims 29-55.
)
__________________________ )
Andrew H. Metz )
Administrative Patent Judge)
)
) BOARD OF
__________________________ ) PATENT APPEALS
William F. Pate, III ) AND
Administrative Patent Judge) INTERFERENCES
)
)
__________________________ )
John C. Martin )
Administrative Patent Judge)
Interference No. 103,953
- 3 -
For the party Dlugokecki et al.:
Joseph Dlugokecki
Ray Shield Technology
13666 Quiet Hills Drive
Poway, CA 92064
For the party Strobel et al.:
Bernard L. Kleinke, Esq.
HIGGS, FLETCHER & MACK LLP
401 West "A" Street
Suite 2000
San Diego, CA 92101-7913
Interference No. 103,953
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