George et al.v.Kraske

Board of Patent Appeals and Interferences

May 2, 2000

08715920 (B.P.A.I. May. 2, 2000)

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AND IS NOT BINDING PRECEDENT OF THE BOARD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