Svendsen et al.v.Barnett et al.

Board of Patent Appeals and Interferences

Apr 22, 1998

08194664 (B.P.A.I. Apr. 22, 1998)

Application 08/362,530, filed January 5, 1995, which is1
a 371 of PCT/DK93/00230, filed July 6, 1993.
Application 08/194,664, filed February 10, 1994, which2
is a continuation of Application 08/016,395, filed February
11, 1993 (abandoned).
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(2) is not binding precedent of the Board.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. 53
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
ALLAN SVENDSEN,
AND HENRIK BISGARD-FRANTZEN
Junior Party,1
v.
CHRISTOPHER C. BARNETT,
COLIN MITCHINSON,
SCOTT D. POWER AND
CAROL A. REQUADT
Senior Party.2
______________
Patent Interference No. 103,771
_______________
JUDGMENT
_______________
Interference No. 103,771
2
Before RONALD H. SMITH, SOFOCLEOUS, and DOWNEY, Administrative
Patent Judges.
RONALD H. SMITH, Administrative Patent Judge.
FINAL DECISION
JUDGMENT
Whereas Allan Svendsen and Henrik Busgard-Frantzen, the junior party
have filed a request for entry of an adverse judgment pursuant to 37 CFR §
1.662(a). Judgment as to the subject matter of the counts in issue is hereby
awarded to Christopher C. Barnett, Colin Mitchinson, Scott D. Power and Carol
A. Requadt, the senior party. Accordingly, Allan Svendsen and Henrik Busgard-
Frantzen are not entitled to a patent containing claims 14, 15, 20, 21, 25,
26, 29, 34-48 and 51 corresponding to the counts.
Interference No. 103,771
3
Christopher C. Barnett, Colin Mitchinson, Scott D. Power and Carol A.
Requadt, are entitled to a patent containing claims 5, 7, 8, 24, 26, 37, 42,
59 and 60 corresponding to the count.
RONALD H. SMITH )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
MARY F. DOWNEY )
Administrative Patent Judge )

Interference No. 103,771
4
Louis S. Sorell
Brumbaugh, Graves, Donohue & Raymond
30 Rockefeller Plaza
New York, NY 10112-0228
R. Danny Huntington, Esq.
Burns, Doane, Swecker & Mathis, LLP
P. O. Box 1404
Alexandria, VA 22313-1404
RHS/cam