Hoftman et al.v.David

Board of Patent Appeals and Interferences

Oct 24, 1997

07833380 (B.P.A.I. Oct. 24, 1997)

Application 08/316,564, filed September 30, 1994. Assignor1
to American Medical Manufacturing, Inc.
Patent 5,188,323, granted February 23, 1993, based on2
Application 07/833,380 filed February 10, 1992. Assignor to
Melco Wire Products, Co.
-1-
Paper No. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
MIKE H. HOFTMAN
PATRICIA C. ANDERSEN
Junior Party,1
v.
HENRY B. DAVID
Senior Party, 2
____________
Patent Interference No. 103,755
____________
Before METZ, PATE and MARTIN, Administrative Patent Judges.
PATE, Administrative Patent Judge.
Now comes the senior party with a concession of
priority, which is to be treated as a request for adverse
judgment under 37 CFR § 1.662(a) (1997). Accordingly, the
following judgment is entered.
Interference No. 103,755
-2-
Judgment
Judgment in the above-noted interference is entered in
favor of Mike M. Hoftman and Patricia C. Andersen, the junior
party. Mike M. Hoftman and Patricia C. Andersen are entitiled to
a patent containing claims 4, 5, 8 through 10, 13, 15, 17 through
19, and 23 through 28, which claims correspond to the count in
interference. Judgment is entered against Henry B. David, the
senior party. Henry B. David is not entitled to his patent
claims 1 through 6, which claims correspond to the count in
interference.
)
ANDREW H. METZ )
Administrative Patent Judge )
)
)
)
WILLIAM F. PATE, III. ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
JOHN C. MARTIN )
Administrative Patent Judge )
)
Interference No. 103,755
-3-
Counsel for Hoftman et al.:
David T. Bracken
The Law Office of David T. Bracken
4839 Bond Avenue
Orange, California 92869
Counsel for David:
Michael Painter & Steve Ackerman
8484 Wilshire Boulevard
Suite 850
Beverly Hills, California 90211