Powersv.Zinn et al.

Board of Patent Appeals and Interferences

Sep 11, 2012

11368954 (B.P.A.I. Sep. 11, 2012)

BoxInterference@uspto.gov Paper 051
Telephone: 571-272-4683 Filed: September 11, 2012

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

KENNETH M. ZINN, RAYMOND BIZUP, KEVIN SANFORD,
and TIMOTHY M. SCHWEIKERT
Junior Party
(Application 11/725,287)1

v.

KELLY B. POWERS
Senior Party
(Patent 7,785,302)2

Patent Interference No. 105,860
(Technology Center 3700)

Before: JAMESON LEE, JOSIAH C. COCKS, and JUSTIN T. ARBES,
Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment – MERITS – Bd. R. 127

1 Filed March 19, 2007. Accorded the benefit of Application 60/852,591, filed
October 18, 2006. The real party in interest is Medical Components, Inc. and
Innovative Medical Devices, LLC.
2 Based on Application 11/368,954, filed March 6, 2006. Accorded the benefit
of Application 60/658,518, filed March 4, 2005. The real party in interest is C. R.
Bard, Inc.
Interference No. 105,860
Zinn v. Powers

-2-
In a concurrent paper, Zinn’s Motion 2 attacking the benefit dates initially 1
accorded Powers has been denied. (Paper 50.) In Paper 20 (Order Authorizing 2
Motions), it was indicated to the parties that if Zinn’s Motion 2 is denied, then 3
judgment on priority will be entered against party Zinn without need for either 4
party to file any other authorized motion. That is because Zinn intended only to 5
stand on its own accorded benefit date which is subsequent to the benefit date of 6
Powers. 7
Accordingly, it is now appropriate to enter judgment against party Zinn. 8
It is 9
ORDERED that judgment with respect to Count 1 is entered against junior 10
party KENNETH M. ZINN, RAYMOND BIZUP, KEVIN SANFORD, and 11
TIMOTHY M. SCHWEIKERT; 12
FURTHER ORDERED that claims 18-27 of junior party’s involved 13
application 11/725,287, which correspond to Count 1, are finally refused; 14
FURTHER ORDERED that the parties shall note the requirements of 15
35 U.S.C. §135(c) and Bd. R. 205; and 16
FURTHER ORDERED that a copy of this judgment shall be entered into 17
the file of Patent 7,785,302, and Application 11/725,287. 18

Interference No. 105,860
Zinn v. Powers

-3-
By Electronic Transmission:

Counsel for Senior Party Powers:

W. Todd Baker
Charles L. Gholz
Erik L. Ence
OBLON, SPIVAK, McCLELLAND,
MAIER & NEUSTADT, L.L.P.
tbaker@oblon.com
interferencedocket@oblon.com
cgholz@oblon.com
erik.ence@crbard.com

Counsel for Junior Party Zinn:

Bruce D. George
Peter K. Zacharias
Alfred W. Zaher
BLANK ROME, LLP
George@BlankRome.com
Zacharias@BlankRome.com
Zaher@BlankRome.com

Todd R. Walters
Erin M. Dunston
BUCHANAN INGERSOLL & ROONEY, PC
Todd.walter@bipc.com
Erin.dunston@bipc.com