DROR et al.v.ROWE

Board of Patent Appeals and Interferences

Feb 26, 1998

07865781 (B.P.A.I. Feb. 26, 1998)

Patent No. 5,102,402, granted April 7, 1992, based1
on 07/637,436, filed January 4, 1991. Assignor to Medtronic,
Inc., a Corp. of MN.
Application 07/865,781, filed April 7, 1992. 2
Accorded benefit of Application 07/322,929, filed March 14,
1989. Assignor to Cordis Corporation, A corp. of FL.
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not binding precedent of the Board.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. 34
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
MICHAEL DROR
and PAUL TRESCONY
Junior Party1
V.
STANTON J. ROWE
Senior Party2
____________
Interference No. 103,157
____________
JUDGMENT
____________
Before METZ, MARTIN, and PATE, Administrative Patent Judges.
PATE, Administrative Patent Judge.
On October 29, 1997 the Administrative Patent Judge
ordered the junior party to show cause why judgment should not be
entered against them on the ground of failure to file a
preliminary
Interference No. 103,157
statement. The junior party has not filed a response to the order.
Accordingly, the following judgment is entered.
Judgment
Judgment in Interference No. 103,157 is hereby entered
against Michael Dror and Paul Trescony, the junior party. Michael
Dror and Paul Trescony are not entitled to their patent containing
claims 1 through 8, 10 through 15, and 17 through 21, which claims
correspond to the count in interference. Judgment is entered in
favor of Stanton J. Rowe, the senior party. Stanton J. Rowe is
entitled to a patent containing claims 53 through 56, which claims
correspond to the count in interference.

ANDREW H. METZ )
Administrative Patent Judge)
)
)
)
WILLIAM F. PATE, III ) BOARD OF PATENT
Administrative Patent Judge) APPEALS
) AND
) INTERFERENCES
)
)
JOHN C. MARTIN )
Administrative Patent Judge)
-2-
Interference No. 103,157
Attorney for Dror et al.:
Daniel W. Latham et al.
Medtronic, Inc.
7000 Central Ave., N.E.
Minneapolis, MN 55432
Attorney for Rowe:
Garrettson Ellis et al.
Gerstman & Ellis, Ltd.
2 N. LaSalle St.
Ste. 2010
Chicago, Ill 60602
-3-