CLARKv.CHANDLER

Board of Patent Appeals and Interferences

Jul 31, 1997

07706639 (B.P.A.I. Jul. 31, 1997)

Application 07/738,321, filed July 31, 1991.1
Application 07/706,639, filed May 29, 1991. Assignor2
to Smith Kline Diagnostic, Inc., a Delaware Corp.
-1-
Paper No. 30
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
SCOTT M. CLARK
Junior Party,1
v.
HOWARD M. CHANDLER
Senior Party,2
____________
Patent Interference No. 103,701
____________
Before URYNOWICZ, RONALD H. SMITH and SOFOCLEOUS,
Administrative Patent Judges.
RONALD H. SMITH, Administrative Patent Judge.
Judgment
Chandler, the senior party, has filed a concession
of priority which, pursuant to 37 CFR § 1.662(a), is treated
as a
Interference No. 103,701
-2-
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 Scott M. Clark, the
junior
party. Chandler is not entitled to a patent containing claims
5, 7, 8, 14 and 15 corresponding to the count. Clark is
entitled to a patent containing claims 1-36.
)
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
RONALD H. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS
AND
) INTERFERENCES
)
)
MICHAEL SOFOCLEOUS )
Administrative Patent Judge )
)
Interference No. 103,701
-3-
Counsel for Clark:
John N. Williams
Fish & Richardson
225 Franklin Street
Boston, MA 02110-2804
Counsel for Chandler:
Jerry D. Voight
Finnegan, Henderson, Farabow,
Garrett & Dunner
1300 I Street, N.W., Suite 700
Washington, D.C. 20005-3315