Deaton et al.

Board of Patent Appeals and Interferences

Dec 13, 2000

08457299 (B.P.A.I. Dec. 13, 2000)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper 24
Filed by: Trial Section Merits Panel
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
_______________
DAVID W. DEATON and RODNEY G. GABRIEL
Junior Party,
(Patent 5,649,114)
v.
MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY
Senior Party
(Application 08/498,654).
_______________
Patent Interference No. 104,598
_______________
Before LEE, GARDNER-LANE and MEDLEY, Administrative Patent
Judges.
GARDNER-LANE, Administrative Patent Judge.
JUDGEMENT PURSUANT TO 37 CFR § 1.662
O'Brien has filed a paper entitled "OBRIEN'S RESPONSE TO
ORDER MAILED OCTOBER 18, 2000" (Paper 23). In the paper
O'Brien makes a request that judgment be entered against
O'Brien. The request is GRANTED.
Upon consideration of the record of the interference, it is
2
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against senior party
MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY;
FURTHER ORDERED that senior party MICHAEL R. O’BRIEN,
GEORGE W. OFF and TIMOTHY L. CHERNEY, is not entitled to a
patent containing claims 1, 3-6, 8, 10, 13-21, 23-24, 27-35,
37-43, and 45-67 of US application 08/498,654 which correspond
to Count 1;
FURTHER ORDERED that, on the record before us, junior
party DAVID W. DEATON and RODNEY G. GABRIEL, is entitled to a
patent containing claims 1-11 and 15-23 of U.S. Patent
5,649,114, which correspond to Count 1;
FURTHER ORDERED that a copy of this decision be given a
paper number and be entered in the administrative records of
O'Brien's 08/498,654 application and Deaton's 5,649,114 patent.
______________________________
JAMESON LEE )
Administrative Patent Judge )
)
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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cc (via facsimile and first class mail):
Counsel for Senior Party O’Brien
Charles L. Gholz
OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, P.C.
Fourth Floor
1755 Jefferson Davis Highway
Arlington, VA 22202
Counsel for Junior Party Deaton
Jerry W. Mills
BAKER & BOTTS
2001 Ross Avenue
Dallas, TX 75201-2980
James J. Maune
BAKER & BOTTS
30 Rockefeller Plaza
New York, New York 10112-0228