GILLISv.HOFFMAN et al.

Board of Patent Appeals and Interferences

Sep 3, 1998

07765844 (B.P.A.I. Sep. 3, 1998)

Application 07/765,844, filed September 26, 1991, now U.S. Patent No.1
5,199,942, granted April 6, 1993.
Application 08/226,513, filed March 31, 1994.2
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publication in a law journal and (2) is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
STEVEN GILLIS
Junior Party1
v.
RONALD HOFFMAN and JOHN BRANDT
Senior Party2
__________
Patent Interference No. 103,853
___________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
Interference No. 103853
2
DOWNEY, Administrative Patent Judge.
JUDGMENT
Gillis, junior party patentee, filed a concession of priority (Paper No. 30), which
paper, pursuant to 37 CFR § 1.662(a), is treated as a request for entry of an adverse
judgment as to all the claims which correspond to the count in this interference.
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to RONALD HOFFMAN and JOHN BRANDT, the senior party. On this record,
Ronald Hoffman and John Brandt, the senior party, are entitled to a patent containing claim
15 and Steven Gillis, the junior party, is not entitled to his patent containing claims 1-3
corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 103853
3
MFD/caw
Jerry D. Voight, Esq.
Finnegan, Henderson, Farabow,
Garret & Dunner, L.L.P.
1300 I Street, N.W.
Washington, DC 20005
John P. White, Esq.
Robert D. Katz, Esq.
Cooper & Dunham, L.L.P.
1185 Avenue of the Americas
New York, NY 10036