Horn et al.v.Rudnick et al.Download PDFBoard of Patent Appeals and InterferencesJun 25, 199808514069 (B.P.A.I. Jun. 25, 1998) Copy Citation Patent 5,591,230, granted January 7, 1997, based on Application 08/514,069,1 filed August 11, 1995. Accorded benefit of Application 08/456,087, filed May 31, 1995, now Patent No. 5,578,149, granted November 26, 1996. Application 08/708,651, filed September 5, 1996. Accorded benefit of2 Application 08/289,791, filed August 12, 1994, now Patent No. 5,575,816, granted November 19, 1996. 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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 8 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ JOSEPH B. HORN and IVAN de SCHEERDER, Junior Party,1 v. JAMES J. RUDNICK and DOMINIK M. WIKTOR Senior Party, 2 __________ Patent Interference No. 104,170 __________ Before METZ, PATE and MARTIN, Administrative Patent Judges. PATE, Administrative Patent Judge. Now comes junior party Horn et al. with an abandonment of the contest. Such an abandonment is to be treated as a request for the entry of adverse judgment under 37 CFR § 1.662(a). Interference No. 104,170 2 Accordingly, the following judgment is entered. Attention is directed to 35 U.S.C. § 135(c) which mandates loss of rights in the event that a copy of any settlement agreement terminating an interference is not filed or belatedly filed in the Patent and Trademark Office. Judgment Judgment in Interference No. 104,170 is hereby entered against the junior party, Joseph B. Horn and Ivan de Scheerder. Joseph B. Horn and Ivan de Scheerder are not entitled to their patent containing claims 18 through 20 and 25, which claims correspond to the count in interference. Judgment is entered in favor of the senior party James J. Rudnick and Dominik M. Wiktor. James J. Rudnick and Dominik M. Wiktor are entitled to a patent containing claims 8 through 11, 14, 15, 17, 18, and 19 through 23, which claims correspond to the count in interference. ) ) ANDREW H. METZ ) Administrative Patent Judge ) ) ) BOARD OF PATENT ) APPEALS Interference No. 104,170 3 WILLIAM F. PATE, III ) Administrative Patent Judge ) AND ) INTERFERENCES ) ) JOHN C. MARTIN ) Administrative Patent Judge ) Counsel for Horn et al.: SHERIDAN, ROSS & McINTOSH 1700 Lincoln Street Suite 3500 Denver, CO 80203 Counsel for Rudnick et al.: HOFFMANN & BARON 350 Jericho Turnpike Jericho, NY 11753 Copy with citationCopy as parenthetical citation