HECKL et al.v.HARTMAN et al.

Board of Patent Appeals and Interferences

May 12, 1998

08686466 (B.P.A.I. May. 12, 1998)

1 Application No. 07/944,939, filed September 15, 1992, now
Patent No. 5,260,204, issued November 9, 1993. Accorded Benefit
of U.S. Application No. 07/167,261, filed March 11, 1988, now
Patent No. 5,240,847, issued August 31, 1993; Germany Application
Nos. 3708306, filed March 14, 1987; 3717695, filed May 26, 1987;
and 3722884, filed July 10, 1987. Assignor to Boehringer
Ingelheim International GmbH, Ref. Rep. of Germany
2 Application No. 08/686,466, filed July 25, 1996.
Accorded Benefit of U.S. Application Nos. 08/370,461, filed
January 9, 1995; now Patent No. 5,540,911, issued July 30, 1996;
08/120,951, filed September 14, 1993 (ABN); 07/912,213, filed
July 10, 1992, now Patent No. 5,270,195, issued December 14,
1993; 07/453,057, filed December 13, 1989 (ABN); 07/032,734,
filed March 27, 1987 (ABN); 06/907,051, filed September 12, 1986
(ABN); and 06/801,090, filed November 22, 1985 (ABN); and Ireland
Application No. 2851/86, filed October 29, 1986.
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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journal and (2) is not binding precedent of the Board.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. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
KONRAD HECKL, WALTER SPEVAK, ELINBORG OSTERMANN,
ANDREAS ZOPHEL, EDELTRAUD KRYSTEK, INGRID MAURER-FOGY,
MARIA J. WICH-CASTANON, CHRISTIAN STRATOWA AND RUDOLF HAUPTMANN
Junior Party,1
v.
JACOB R. HARTMAN AND YAFFA BECK
Senior Party.2
________________
Interference No. 103,862
Interference No. 103,862
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Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
SOFOCLEOUS, Administrative Patent Judge.
JUDGMENT
Heckl et al., the junior party, have filed an abandonment of
the contest 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 Jacob R. Hartman and Yaffa Beck,
the senior party. Konrad Heckl, Walter Spevak, Elinborg
Ostermann, Andreas Zophel, Edeltraud Krystek, Ingrid Maurer-Fogy,
Maria J. Wich-Castanon, Christian Stratowa and Rudolf Hauptmann,
the junior party, are not entitled to a patent containing claim 7
corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Interference No. 103,862
-3-
MARY F. DOWNEY )
Administrative Patent Judge )
Attorney for Heckl et al.:
Sterne, Kessler, Goldstein & Fox
1100 New York Ave., N.W.
Suite 600
Washington, DC 20005-3934
Attorney for Hartman et al.:
John P. White
Cooper & Dunham L.L.P.
1185 Avenue of the Americas
New York, NY 10036