HORN et al.v.RUDNICK et al.

Board of Patent Appeals and Interferences

Jun 25, 1998

08708651 (B.P.A.I. Jun. 25, 1998)

Patent 5,591,230, granted January 7, 1997, based on Application 08/514,069,1
filed August 11, 1995. Accorded benefit of Application 08/456,087, filed May 31, 1995,
now Patent No. 5,578,149, granted November 26, 1996.
Application 08/708,651, filed September 5, 1996. Accorded benefit of2
Application 08/289,791, filed August 12, 1994, now Patent No. 5,575,816, granted
November 19, 1996.
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(2) is not binding precedent of the Board.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. 8
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
JOSEPH B. HORN and IVAN de SCHEERDER,
Junior Party,1
v.
JAMES J. RUDNICK and DOMINIK M. WIKTOR
Senior Party, 2
__________
Patent Interference No. 104,170
__________
Before METZ, PATE and MARTIN, Administrative Patent Judges.
PATE, Administrative Patent Judge.
Now comes junior party Horn et al. with an abandonment of
the contest. Such an abandonment is to be treated as a request
for the entry of adverse judgment under 37 CFR § 1.662(a).
Interference No. 104,170
2
Accordingly, the following judgment is entered.
Attention is directed to 35 U.S.C. § 135(c) which
mandates loss of rights in the event that a copy of any
settlement agreement terminating an interference is not filed
or belatedly filed in the Patent and Trademark Office.
Judgment
Judgment in Interference No. 104,170 is hereby entered
against the junior party, Joseph B. Horn and Ivan de
Scheerder. Joseph B. Horn and Ivan de Scheerder are not
entitled to their patent containing claims 18 through 20 and
25, which claims correspond to the count in interference.
Judgment is entered in favor of the senior party James J.
Rudnick and Dominik M. Wiktor. James J. Rudnick and Dominik M.
Wiktor are entitled to a patent containing claims 8 through
11, 14, 15, 17, 18, and 19 through 23, which claims correspond
to the count in interference.

)
)
ANDREW H. METZ )
Administrative Patent Judge )
)
) BOARD OF
PATENT
) APPEALS
Interference No. 104,170
3
WILLIAM F. PATE, III )
Administrative Patent Judge ) AND
)
INTERFERENCES
)
)
JOHN C. MARTIN )
Administrative Patent Judge )
Counsel for Horn et al.:
SHERIDAN, ROSS & McINTOSH
1700 Lincoln Street
Suite 3500
Denver, CO 80203
Counsel for Rudnick et al.:
HOFFMANN & BARON
350 Jericho Turnpike
Jericho, NY 11753