DEAN et alv.HOEY

Board of Patent Appeals and Interferences

Oct 26, 2000

07777793 (B.P.A.I. Oct. 26, 2000)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 18
Filed by: Trial Section Merits Panel
Box Interference Filed
Washington, D.C. 20231 25 October 2000
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
RICHARD T. DEAN and GEORGE B. HOEY,
Junior Party,
(Application 07/777,793),
v.
JO KLAVENESS,
Senior Party
(Patent 4,714,607).
_______________
Patent Interference No. 104,540
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and
SCHAFER and GARDNER-LANE, Administrative Patent Judges.
McKELVEY, Senior Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Upon consideration of DEAN AND KLAVENESS MISCELLANEOUS
MOTION 17 (Paper 17), wherein the parties agree that entry
of judgment against Klaveness is appropriate and proper, and
request that the Board make such an entry, it is
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ORDERED that judgment on priority as to Count 1
(Paper 1, page 47), the sole count in the interference, is
awarded against senior party Jo Klaveness.
FURTHER ORDERED that senior party Klaveness is not
entitled to a patent containing claims 1-2, 5-6, 9 and 13
(corresponding to Count 1) of U.S. Patent 4,714,607, granted
22 December 1987, based on application 06/739,228, filed 30 May
1985.
FURTHER ORDERED that it is not necessary to determine
whether Dean's preliminary statement "establishes that the Dean
date of invention easily predates the Klaveness date of
invention;" as alleged in Miscellaneous Motion 17, it
nevertheless being noted that a preliminary statement is not
evidence in support of a contention of a party filing the
preliminary statement (37 CFR § 1.629(e)).
FURTHER ORDERED that further prosecution of the Dean
application involved in the interference will take place
consistent with 37 CFR § 1.664.
FURTHER ORDERED that a copy of this paper shall be made
of record in files of Dean application 07/777,793 and Klaveness
U.S. Patent 4,714,607.
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FURTHER ORDERED that, with respect to the signed
settlement agreement mentioned in Miscellaneous Motion 17,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
SALLY GARDNER-LANE )
Administrative Patent Judge )
- 4 -
104,540
cc (via First Class Mail):
Attorney for Dean
(real party in interest
Mallinckrodt Inc.):
G. Harley Blosser, Esq.
Paul A. Maddock, Esq.
SENNIGER, POWERS, LEAVITT and ROEDEL
One Metropolitan Square, 16th Floor
St. Louis, MO 63102
Tel: 314-231-5400
Fax: 314-231-4342
E-mail: gblosser@senniger.com
E-mail: pmaddock@senniger.com
Attorney for Klaveness
(real party in interest
Nycomed Imaging AS):
Roy Ronning, Jr., Esq.
AMERSHAM PHARMACIA BIOTECH
P.O. Box 1327
Piscataway, NJ 08855-1327
Address for overnight:
800 Centennial Avenue
Piscataway, NJ 08854
Tel: 732-457-8423
Fax: 732-457-8463
E-mail: None