RUTTER et al.v.RUTTER et al. V. GEYSEN

Board of Patent Appeals and Interferences

Apr 21, 1998

07968366 (B.P.A.I. Apr. 21, 1998)

The application 07/673,682, filed 03/22/91, now patent No. 5,225,533, granted1
07/06/93. Assignee to the Reagents of the University of California, Berkeley, CA.
The application 07/189,318, filed 05/02/88, now Patent No. 5,010,175, granted2
04/23/91. Assignee to The Reagents of the University of California, Berkeley, CA.
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publication in a law journal and (2) is not binding precedent of the Board.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. 32
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
WILLIAM J. RUTTER and
DANIEL V. SANTI
Junior Party1
v.
WILLIAM J. RUTTER and
DANIEL V. SANTI
Junior Party2
v.
Interference No. 103,681
The application 07/968,366, filed 10/29/92. Accorded the Benefit of Applications3
07/541, 169, filed 06/21/90, now patent No. 5,194,392, granted 03/16/93 Application
06/864,341, filed 05/22/86, all Abandoned; and Australian patent application PG 6188/84,
filed 07/24/84.
2
HENDRIK M. GEYSEN
Senior Party3
__________
Patent Interference No. 103,681
___________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
JUDGMENT
On April 7, 1998, junior party, Rutter et al., filed pursuant to 37 CFR § 1.662(a) a
concession of priority to Geysen (Paper No. 31).
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to HENDRIK M. GEYSEN, the senior party. Accordingly, WILLIAM J. RUTTER
and DANIEL V. SANTI, the junior party, are not entitled to their U.S. patent No. 5,225,533
containing claims 1-37 corresponding to the count and to their U.S.
patent No. 5,010,175 containing claims 1-42 corresponding to the count. On this record,
party Geysen is entitled to a patent containing claims 12 and 14.
Interference No. 103,681
3
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 103,681
4
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