DEAN et alv.HOEYDownload PDFBoard of Patent Appeals and InterferencesOct 26, 200007777793 (B.P.A.I. Oct. 26, 2000) Copy Citation The opinion in support of the decision being entered today is not binding precedent of the Board.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 - 2 - 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. - 3 - 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 Copy with citationCopy as parenthetical citation