07871775 (B.P.A.I. Mar. 2, 2005)

Ex Parte Braun

Board of Patent Appeals and InterferencesMar 2, 2005

07871775 (B.P.A.I. Mar. 2, 2005)

-1- The opinion in support of the decision being entered today is not binding precedent of the Board. Paper 20 Filed by: Merits Panel Filed 2 March 2005 Mail Stop Interference P.O. Box 1450 Alexandria VA 22313-1450 Tel: 571-272-9797 Fax: 571-273-0042 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ HILARION BRAUN Junior Party (Patent 5,598,196), v. STEPHEN TEMPLE and MARK R. SHEPHERD Senior Party (Application 08/536,345). _______________ Patent Interference No. 105,282 _______________ Before: McKELVEY, Senior Administrative Patent Judge, LANE and MEDLEY, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. Judgment - Bd.R. 127(b) On 28 February 2005, the board received from Braun “BRAUN REQUEST FOR ENTRY OF ADVERSE JUDGMENT”, in which Braun requests and agrees to entry of adverse judgment under Bd.R. 127(b) (Paper 18). Accordingly, it is -2- ORDERED that judgment on priority as to Count 1 (Paper 1 at 4) is awarded against junior party HILARION BRAUN. FURTHER ORDERED that junior party HILARION BRAUN is not entitled to a patent containing claims 1-3, 6, 8-10 and 12 (corresponding to Count 1) of U.S. patent 5,598,196. FURTHER ORDERED that a copy of this paper shall be made of record in files of application 08/536,345 and U.S. Patent 5,598,196. FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35 U.S.C. § 135(c) and Bd.R. 205. cc (via facsimile): Attorney for Braun: Michael L. Goldman Clinton Square Corner of Clinton Avenue and Broad Street P.O. Box 31051 Rochester, New York 14603 Fax: 585-263-1600 Attorney for Temple: James P. Zeller Marshall Gerstein & Borun 6300 Sears Tower 233 South Wacker Drive Chicago, IL. 60606-6357 Fax: 312-474-0448