LEOPOLDv.ENGER

Board of Patent Appeals and Interferences

Jun 11, 1998

08095036 - (J) (B.P.A.I. Jun. 11, 1998)

Patent No. 5,154,725, issued October 13, 1992, based on1
Application 07/712,088, filed June 7, 1991. Assigned to Advanced
Cardiovascular Systems, Inc. Accorded benefit of: None.
Application 08/095,036, filed July 20, 1993. Assigned to2
Canon Kabushiki Kaisha, Ltd., Japan. Accorded benefit of the
following U.S. applications (all abandoned): 07/999,589, filed
December 30, 1992; 07/759,107, filed September 6, 1991;
07/618,531, filed November 26, 1990; and 07/303,803, filed January
30, 1989.
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is not binding precedent of the Board.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. 149
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ANDREW R. LEOPOLD,
Junior Party,1
v.
CHRISTINE D. ENGER,
Senior Party.2
______________
Patent Interference No. 103,258
______________
JUDGMENT
_____________
METZ, PATE, and MARTIN, Administrative Patent Judges.
Interference No. 103,258
- 2 -
MARTIN, Administrative Patent Judge.
In accordance with the "Concession of Priority by
Leopold as to Count 2", which is the sole count in the
interference, judgment as to the subject matter of the count
is hereby entered against Leopold's claims that correspond to
the count (i.e., patent claims 1-11), which means Leopold is
not entitled to a patent containing those claims. Judgment is
therefore awarded in favor of Enger's claims that correspond
to the count (i.e., application claims 35 and 40-42), which
means Enger is entitled to a patent containing those claims.
We note that Leopold has also filed a paper
disclaiming the remaining term of all of the claims of his
involved patent.
It should not be assumed the examiner has reviewed
Interference No. 103,258
- 3 -
the motions in the interference file to determine whether they
cite any evidence material to the patentability of Enger's
claims.
)
__________________________ )
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. 103,258
- 4 -
For the party Leopold:
Herbert D. Hart, III, Esq.
McANDREWS, HELD & MALLOY, LTD.
34th Floor
500 West Madison Street
Chicago, Ill 60661
For the party Enger:
Arthur Z. Bookstein, Esq.
BOOKSTEIN & KUDIRKA, P.C.
One Beacon Street
Boston, MA 12108