Mayov.Thorner et al.

Board of Patent Appeals and Interferences

Feb 25, 1998

07902826 (B.P.A.I. Feb. 25, 1998)

Application 08/291,356, filed August 16, 1994. Accorded1
benefit of U.S. Application 07/953,494, filed September 28,
1992. Assignor to Northwestern University.
Application 07/902,826, filed June 23, 1992. Assignor2
to The University of Virginia Patent Foundation and American
Cyanamid Company.
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(2) is not binding precedent of the Board.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. 36
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
KELLY E. MAYO,
Junior Party,1
v.
MICHAEL O. THORNER, BRUCE D. GAYLINN,
JOHN R. ZYSK AND CECIL M. EPPLER,
Senior Party.2
______________
Interference No. 103,706
______________
Before RONALD H. SMITH, METZ, and HANLON, Administrative
Patent Judges.
HANLON, Administrative Patent Judge.
Interference No. 103,706
2
ENTRY OF ADVERSE JUDGMENT AGAINST MAYO
Upon consideration of ABANDONMENT OF CONTEST (Paper No.
34), wherein
Kelly E. Mayo, the junior party to the above
interference, hereby abandons the contest as to
Count 1 in the interference under the provisions of
37 CFR § 1.662(a)[,]
it is
ORDERED that judgment as to Count 1, the sole count
in issue, is awarded against junior party Kelly E. Mayo.
FURTHER ORDERED that judgment as to Count 1 is
awarded in favor of senior party Michael O. Thorner, Bruce D.
Gaylinn, John R. Zysk and Cecil M. Eppler.
FURTHER ORDERED that junior party Kelly E. Mayo is
not entitled to a patent containing claims 26 and 29 which
correspond to Count 1.
FURTHER ORDERED that, on the record before the
Patent and Trademark Office in this interference, senior party
Michael
Interference No. 103,706
3
O. Thorner, Bruce D. Gaylinn, John R. Zysk and Cecil M. Eppler
are entitled to a patent containing claims 2, 19, 20 and 23-28
which correspond to Count 1.
RONALD H. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ANDREW H. METZ ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
ADRIENE LEPIANE HANLON )
Administrative Patent Judge )
Interference No. 103,706
4
Counsel of record for Mayo:
Keith V. Rockey
DRESSLER, ROCKEY, MILNAMOW & KATZ
Two Prudential Plaza, Suite 4700
180 North Stetson Avenue
Chicago, IL 60601
Counsel of record for Thorner et al.:
Brian P. O’Shaughnessy
BURNS, DOANE, SWECKER & MATHIS, LLP
P.O. Box 1404
Alexandria, VA 22313-1404