Wiktorv.Pinchuk

Board of Patent Appeals and Interferences

Apr 10, 1998

07240000 (B.P.A.I. Apr. 10, 1998)

Application 07/872,737, filed April 22, 1992. Accorded benefit of Applications1
07/327,286, filed March 22, 1989, now Patent No. 5,133,732, granted July 28, 1992; 07/109,686,
filed October 19, 1987, now Patent No. 4,886,062, granted December 12, 1989. Assignor to
Medtronic, Inc., Minneapolis, MN, Corp. of MN.
Patent No. 5,019,090, granted May 28, 1991, based on Application 07/240,000, filed2
September 1, 1988.
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publication in a law journal and (2) is not binding precedent of the Board.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. 129
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
DOMINIK M. WIKTOR
Junior Party1
V.
LEONARD PINCHUK
Senior Party2
____________
Interference No. 103,198
____________
JUDGMENT
____________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
URYNOWICZ, Administrative Patent Judge.
Interference No. 103,198
2
Pinchuk, the senior party, has filed a concession of priority, which, pursuant to
37 CFR § 1.662(a), is 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 the count in issue is hereby
awarded to Dominik M. Wiktor, the junior party. Pinchuk is not entitled to its patent containing
claims 1-13 corresponding to the count. On the present record, Wiktor is entitled to a patent containing
claims 5-13 and 15-17; Wiktor is not entitled to a patent containing claim 14.

STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS
) AND
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 103,198
3
Attorney for Wiktor:
Bruce M. Collins
Mathews, Woodbridge & Collins
100 Thanet Circle
Ste. 306
Princeton, NJ 08540-3662
Attorney for Pinchuk:
Lockwood, Alex, Fitzgibbon
& Cummings
Three First National Plaza
Ste. 1700
Chicago, IL 60602