Burmeister et al

Board of Patent Appeals and Interferences

Nov 5, 2002

08737492 (B.P.A.I. Nov. 5, 2002)

1 Based on application 08/517,162, filed August 18, 1995. The real party in interest is
Willy Rusch AG.
2 Filed March 19, 1997. Accorded the benefit of application 08/246,320, filed May
19, 1994; and PCT/US95/06228, filed March 18, 1995. The real party in interest is Scimed Life
Systems, Inc.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 8
Box Interference, Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

LUTZ FREITAG,
Junior Party,
(Patent 5,601,593)1
v.
PAUL H. BURMEISTER, CHARLES L. EUTENEUER,
BRIAN J. BROWN, PAUL J. FORDENBACHER
and ANTHONY C. VRBA
Senior Party,
(Application 08/737,492)2

Patent Interference No. 105,036

Before SCHAFER, LEE and TORCZON, Administrative Patent Judges.
LEE, Administrative Patent Judge.
Judgment
Interference No. 105,036
Freitag v. Burmeister
- 2 -
On November 4, 2002, Junior party Freitag filed a paper stating:
This is to advise that the Junior Party will not pursue this interference.
The notice appears to be a concession of priority and thus is treated, under 37 CFR
§ 1.662(a), as a request for entry of adverse judgment. The request is granted.
It is
ORDERED that judgment as to the subject matter of the count is hereby entered against
junior party LUTZ FREITAG;
FURTHER ORDERED that junior party LUTZ FREITAG is not entitled to its patent
claims 1-6 and 9 which correspond to the count; and
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
Interference No. 105,036
Freitag v. Burmeister
- 3 -

Richard E. Schafer )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
Jameson Lee ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
Richard Torczon )
Administrative Patent Judge )
Interference No. 105,036
Freitag v. Burmeister
- 4 -
By Facsimile
Counsel for Senior Party Burmeister:
952-563-3001 (Fax)
Scott Q. Vidas, Esq.
VIDAS, ARRETT & STEINKRAUS, P.A.
Suite 2000
6109 Blue Circle Drive
Minnetonka, Minnesota
Counsel for Junior Party Freitag:
212-986-3461 (Fax)
Friedrich Kueffner, Esq.
317 Madison Avenue,
Suite 910
New York, New York 10017