George et al.v.KraskeDownload PDFBoard of Patent Appeals and InterferencesMay 2, 200008715920 (B.P.A.I. May. 2, 2000) Copy Citation Filed on September 19, 1996. Accorded the benefit of1 application 60/004,126, filed September 20, 1995. Assigned to Integrated Medical Systems, Inc. Filed on September 5, 1995. Assigned to Integrated2 Medical Systems, Inc. THIS OPINION WAS NOT WRITTEN FOR PUBLICATION AND IS NOT BINDING PRECEDENT OF THE BOARD Paper No. 33 Filed by: Trial Section Merits Panel Box Interference Washington, D.C. 20231 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT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 _______________ FREDERICK W. GEORGE, III, and WOLFGANG F. KRASKE Junior Party (Application 08/715,920),1 v. WOLFGANG F. KRASKE Senior Party (Application 08/523,438)2 _______________ Patent Interference No. 104,410 _______________ Before McKELVEY, Senior Administrative Patent Judge, and SCHAFER and LEE, Administrative Patent Judges. LEE, Administrative Patent Judge. JUDGMENT - 2 - On April 27, 2000, a paper was submitted by counsel for the senior party, Mr. Bruce B. Brunda, entitled “Submission of Patent Assignments and Identification of Prevailing Party” (Paper No. 32). The paper stated that the involved applications of both the junior and the senior party in this interference are now commonly owned by Integrated Medical Systems, Inc. Mr. Brunda also stated: Integrated Medical Systems, Inc., the common assignee of both the Junior Party application and the Senior Party application, hereby advises the Board that the Junior Party, i.e., Frederick W. George, III, and Wolfgang F. Kraske are the prevailing parties in this interference. An Order identifying the Junior Party as the prevailing party in this proceeding is therefore requested. This interference was declared on September 9, 1999, and no preliminary motion has been filed by either party in this case. In light of the election by the common assignee, the request for entry of adverse judgment against the senior party is granted. It is ORDERED that judgment as to the subject matter of the count is herein entered against the senior party WOLFGANG F. KRASKE; - 3 - FURTHER ORDERED that judgment as to the subject matter of the count is awarded to junior party FREDERICK W. GEORGE, III, and WOLFGANG F. KRASKE; FURTHER ORDERED that senior party WOLFGANG F. KRASKE is not entitled to a patent containing its application claims 1-3 and 6-8 which correspond to the count; and FURTHER ORDERED that on this record, junior party FREDERICK W. GEORGE, III, and WOLFGANG F. KRASKE is entitled to a patent containing its claims 1-8, 11, and 15-20 which correspond to the count. ) Fred E. McKelvey, Senior ) Administrative Patent Judge) ) ) ) BOARD OF PATENT ) APPEALS Richard E. Schafer ) AND Administrative Patent Judge) INTERFERENCES ) ) ) ) Jameson Lee ) Administrative Patent Judge) - 4 - By Federal Express Counsel for junior party George Brenton R. Babcock 620 Newport Center Drive, 16th Floor Newport Beach, California 92660 Counsel for senior party Kraske Bruce Brunda Stetina Brunda Garred & Brucker 24221 Calle de la Louisa, 4th Floor Laguna Hills, California 92653 Copy with citationCopy as parenthetical citation