White et al.v.Zikeli et al.

Board of Patent Appeals and Interferences

Sep 30, 1998

08142313 (B.P.A.I. Sep. 30, 1998)

Application 08/415,199, filed April 3, 1995.1
Patent 5,589,125, granted December 31, 1996, based on application 08/142,313, filed November 16, 1993.2
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 or reporter
and (2) is not binding precedent of the Board.
Filed by: Merits Panel
Box Interference
Washington, D.C. 20231
Tel: (703)308-9797
Fax: (703)308-7953
Paper 36
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
PATRICK A. WHITE, MALCOLM J. HAYHURST, ALAN R. OWENS,
IAN D. ROUGHSEDGE, RICHARD J. DAVIES, ALAN SELLARS,
JACQUELINE F. MacDONALD, MICHAEL C. QUIGLEY,
RALPH DRAPER and RONALD D. PAYNE,
Junior Party, 1
v.
STEFAN ZIKELI, ERNST RAUCH, HERMANN ROBERGER,
FRIEDRICH ECKER, HARTMUT RUF, RAIMUND JURKOVIC
and FRANZ SCHWENNIGER,
Senior Party. 2
_______________
Patent Interference 104,034
_______________
Before: SCHAFER, HANLON and WEIMAR, Administrative Patent Judges.
2
FINAL DECISION
The party Zikeli has filed a concession of priority. Paper 33. Pursuant to 37 CFR § 1.662(a), a
concession of priority is treated as a request for adverse judgment as to all claims corresponding to the
count. Accordingly, judgment is awarded against the party Zikeli. Zikeli is not entitled to a patent on
claims 1-4 and 9-10 of patent 5,589,125, corresponding to the count. White is entitled to a patent on the
subject matter of claims 1-4, 6-9, 12-17 and 29 of application 08/415,199 corresponding to the count.
A copy of this decision shall be placed in the files of application 08/415,199 and patent 5,589,125.
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
)
ADRIENE L. HANLON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ELIZABETH C. WEIMAR )
Administrative Patent Judge )

3
cc:
Counsel for White et al.:
William J. Hone
Fish & Richardson
45 Rockefeller Plaza
Suite 2800
New York, NY 10111
Counsel for Zikeli et al.:
Arthur S. Tenser
Baker & Botts
30 Rockefeller Plaza
New York, NY 10112-0228