Daluge et alv.Stuckey

Board of Patent Appeals and Interferences

Oct 17, 2002

08957606 (B.P.A.I. Oct. 17, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 14
Filed by: Trial Section Motions Panel
Box Interference Filed: October 17, 2002
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
_______________
SUSAN MARY DALUGE AND MICHAEL TOLAR MARTIN
Junior Party
(U.S. Patent Application 08/957,606),
v.
GERHARD STUCKY AND RENÉ IMWINKELRIED
Senior Party,
(U.S. Patent No. 5,583,226).
_______________
Patent Interference No. 105,014 (MPT)
_______________
Before: SCHAFER, TIERNEY and NAGUMO, Administrative Patent Judges.
TIERNEY, Administrative Patent Judge.
FINAL JUDGMENT
Senior Party Stucky has abandoned the contest as to Count 1, the sole count in the
interference. Further, Stucky agrees to entry of adverse judgment as to Count 1 and Stucky
claims 1-3, which correspond to Count 1. (Paper No. 13). Upon consideration of the record, it
is:
ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,
Interference 105,014
Page No. 2
Paper No. 1, page 5), the sole count in the interference, is awarded against Senior Party Stucky.
FURTHER ORDERED that Senior Party Stucky is not entitled to a patent containing
claims 1-3 of Stucky, U.S. Patent 5,583,226.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Stucky, U.S. Patent 5,583,226 and Daluge, U.S. Application No.
08/957,606.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135(c) and 37 CFR § 1.661.
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
MICHAEL P. TIERNEY ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
MARK NAGUMO )
Administrative Patent Judge )
Interference 105,014
Page No. 3
cc: via fax
Counsel for Daluge: (real party in interest
Smithkline Beecham Corporation):
Gerald M. Murphy
BIRCH, STEWART, KOLASCH & BIRCH, LLP
8110 Gatehouse Road
Suite 500 East
Falls Church, VA 22042
Tel: 703-205-8000
Fax: 703-205-8050
Counsel for Stucky: (real party in interest Lonza Ag):
Henry Tang
BAKER BOTTS LLP
30 Rockefeller Center
New York, NY 10112-4498
Tel: 212-408-2500
Fax: 212-408-2501