Ex Parte Bronshtein

Board of Patent Appeals and Interferences

Mar 3, 2003

08785473 (B.P.A.I. Mar. 3, 2003)

%
The opinion in support of the decision being
entered today is got binding precedent of the Board.
Paper 125
Filed by: Richard E. Schafer
Administrafive Patent Judge
Box Interference Filed:
Washington, D.C. 20231 3 March 2003
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES FAXED
VICTOR BRONSHTEIN, MAR 3 - 2ou
Junior Party, PAT. & TM. OFFICE
(Patent 5,766,520) BOARD OF PATENT APPEAL$
AND INTERFEMC99
V.
BRUCE ROSER and ENDA MARTIN GRIBBON,
Senior Party
(Application 08/923,783).
Patent Interference No. 104,727
FINAL JUDGMENT
A response to an order to show cause whyjudgment should not be entered against thejwiior
party was due on February 20, 2003. No response having been filed, it is appropriate to enter
judgment against the junior party, Accordingly, it is
ORDERED thatjudgment on priority as to the subject matter of Count I (Paper 1, p. 5),
is awarded against the junior party, VICTOR BRONSHTEIN;
FURTHER ORDERED that junior party, VICTOR BRONSHTEIN, is not entitled to a
patent containing claims 1-14 (corTesponding to Count 1) of Patent 5,766,520;
FURTHER ORDERED that a copy of thisjudgment be made of record in the file of Patent
5,766,520 and in Application 08/923,783; and
FURTHER ORDERED that if there is a settlement agreement which has not been filed,
attention is directed to 35 U.SC. § 135(c) and 37 CFR § 1.661
RICHARD E. SCHAFER
Administrative Patent Judge
BOARD OF PATENT
RICHARD T ' 0/- APPEALS AND
Administrative Patent ud INTERFERENCES
CAROL SPIEGEL
Administrative Patent Judge
-2-
cc (via FAX):
Attorney for the common assignee (real party
in interest Elan Drug Delivery Ltd.):
Debra A. Shetka, Esq.
Thomas E. Ciotti, Esq.
Madeline 1. Johnston, Esq.
MORRISON & FOERSTER, LLP
755 Page Mill Road
Palo Alto, CA 94304-1018
Tel: 650-813-5610
Fax: 650-494-0792
E-mail:
dshetka@mofo.com
tciotti@mofo.com
mjohnston@mofo.com