Eketorpv.Tenold

Board of Patent Appeals and Interferences

Jul 14, 1997

08276861 (B.P.A.I. Jul. 14, 1997)

Application 07/778,870, filed December 24, 1991, now1
Patent No. 5,229,498, granted July 20, 1993. Accorded Benefit
of U.S. PCT/SE90/00442, filed June 20, 1990, now Patent No. WO
91/00290, granted January 10, 1991. Assignee for Kabi
Pharmacia AB.
Application 08/276,861, filed July 18, 1994. Accorded2
Benefit of U.S. Ser. Nos. 07/848,439, filed March 9, 1992, now
Patent No. 5,250,663, granted October 5, 1993; 07/511,362,
filed April 19, 1990. Assignee for Bayer Corporation.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is
not binding precedent of the Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
RAINER EKETORP
Junior Party1
v.
ROBERT A. TENOLD
Senior Party 2
__________
Interference No. 103,722
___________
JUDGMENT
___________
Interference No. 103,722
2
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
DOWNEY, Administrative Patent Judge.
Interference No. 103,722
3
Eketorp, the junior party, has filed a concession of
priority and requests entry of an adverse judgment as to all
of his claims which correspond to the count (Paper No. 23).
Accordingly, JUDGMENT as to the subject matter of the
count in issue is hereby awarded to Robert A. Tenold, the
senior party and is entered against Rainer Eketorp. Rainer
Eketorp, the junior party, is not entitled to his patent
containing claims
1-20 corresponding to the count.
)
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )

Interference No. 103,722
4

Paul Kokulis
Cushman, Darby & Cushman, LLP
1100 New York Ave., N.W., 9th Floor
Washington, DC 20005
Edward J. Keeling
Townsend & Townsend & Crew, LLP
Two Embarcadero Center, 8th Floor
San Francisco, CA 94111-3834