GRIFFITHv.WILLARD et al.

Board of Patent Appeals and Interferences

Mar 25, 1998

08018058 - (J) (B.P.A.I. Mar. 25, 1998)

Patent No. 5,327,885, granted July 12, 1994, based1
on Application 08/018,058, filed February 16, 1993. Accorded
benefit of Application 07/773,037, filed October 18, 1991, now
Patent No. 5,201,315, granted April 19, 1993.
Application 08/498,946, filed July 5, 1995. 2
Accorded benefit of Application 07/946,000, filed September
15, 1992, now abandoned; 7/704,828, filed May 23, 1991,now
abandoned; 08/075,681, filed June 11, 1993; and 07/809,715,
filed December 18, 1991, now Patent No. 5,219,335, issued June
15, 1993. Assignor to Boston Scientific Corporation, a
Delaware Corp.
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not binding precedent of the Board.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. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
JAMES M. GRIFFITH
Junior Party1
V.
LLOYD WILLARD,
and WAYNE SIEBEN
Senior Party2
____________
Interference No. 103,838
____________
JUDGMENT
____________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
URYNOWICZ, Administrative Patent Judges.
Griffith, the junior party, has filed a concession
of priority, which, pursuant to 37 CFR § 1.662(a), is treated
as a
Interference No. 103,837
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 Lloyd Willard and
Wayne Sieben, the senior party. Griffith is not entitled to
his patent containing claims 1-5, 13 and 14 corresponding to
the count.
STANELY M. URYNOWICZ, JR. )
Administrative Patent Judge)
)
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge) APPEALS
) AND
) INTERFERENCES
)
)
)
MARY F. DOWNEY )
Administrative Patent Judge)
-2-
Interference No. 103,837
Attorney for Griffin:
James M. Griffith
15251 S. 26th Street
Phoenix, AZ 85048
Attorney of Willard et al.
John Kappos
Lyon & Lyon
633 West Fifth St.
Ste. 4700
Los Angeles, CA 90071
-3-