GRIFFTHv.JANG

Board of Patent Appeals and Interferences

Apr 9, 1998

08011335 (B.P.A.I. Apr. 9, 1998)

U.S. Patent No. 5,249,580, granted October 5, 1993, based on Application 08/011,335,1
filed January 29, 1993. Accorded benefit of Application 07/773,037, filed October 8, 1991, now
U.S. Patent No. 5,201,315, granted April 13, 1993.
Application 07/975,769, filed November 13, 1992. Accorded benefit of Applications2
07/930,977, filed August 14, 1992, now U.S. Patent No. 5,203,338, granted April 20, 1993 and
07/629,500, filed December 17, 1990, now abandoned. Assignor to Cardiovasular Imaging Systems,
Inc., Sunnyvale, CA .
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publication in a law journal and (2) is not binding precedent of the Board.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.6
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
JAMES W. GRIFFTH
Junior Party1
V.
YUE-TEH JANG
Senior Party2
____________
Interference No. 104,095
____________
JUDGMENT
____________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
URYNOWICZ, Administrative Patent Judge.
Interference No. 104,095
2
Griffith, the junior party, has filed a concession of priority, which, pursuant to 37 CFR
§ 1.662(a), is treated as a request for entry of an adverse judgment as to all claims which correspond
to the count.
Accordingly, judgment as to the subject matter of the count in issue is hereby awarded to Yue-
Teh Jang, the senior party. Griffith is not entitled to its involved patent containing claims 1-4
corresponding to the count. On the present record, Jang is entitled to a patent containing claims 12-22
and 26.

STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS
) AND
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 104,095
3
Attorney for Griffith:
Albert T. Keyack
Woodcock, Washburn, Kurtz,
MacKiewicz and Norris
One Liberty Place
46th Flr.
Philadelphia, PA 19103
Attorney for Jang:
Lyon & Lyon
633 West Fifth St.
47th Flr.
Los Angeles, CA 90071