ROEBUCK et al.v.AGAHDEL et al.

Board of Patent Appeals and Interferences

Mar 25, 1998

08146726 (B.P.A.I. Mar. 25, 1998)

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not binding precedent of the Board.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. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
RANDAL D. ROEBUCK
and SALVATORE P. RIZZO
Junior Party1
V.
Fariborz Agahdel, Brad Griswold
Syed Husain, Robert Moti,
William C. Robinette, Jr.,
and Chung W. Ho
Senior Party2
____________
Interference No. 103,796
____________
SUMMARY JUDGMENT
____________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
URYNOWICZ, Administrative Patent Judges.

1 Patent No. 5,397,245, granted March 14, 1995,
based on Application 08/146,726, filed October 29, 1993.
Assignor to Medtronic, Inc., a Corp. of MN.
2 Application 08/542,685, filed October 12, 1995.
Accorded benefit of Application 08/408,048, filed March 21,
1995, and 07/979,719, filed November 20, 1992, now U.S. Patent
No. 5,402,077, granted March 28, 1995. Assignor to
MicroModule Systems, Inc.
Roebuck et al., the junior party, has filed a
concession of priority, which, pursuant to 37 CFR ' 1.662(a),
is
Interference No. 103,796
treated as a request for entry of an adverse judgment as to
all claims which correspond to the count.
Accordingly, judgment as to the subject matter of
count 1, the sole count, is hereby awarded to Fariborz
Agahdel, Brad Griswold, Syed Husain, Robert Moti, William C.
Robinette, Jr. and Chung W. Ho, the senior party. Roebuck et
al. is not entitled to its patent containing claims 1-6, 10
and 12 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. 103,796
W. James Brady, III
Texas Instruments Incorp.
P.O. Box 655474
M.S. 219
Dallas, TX 75265
David L. Feigenbaum
Fish & Richardson, P.C.
225 Franklin Street
Boston, MA 02110-2804