Hurstv.Strolle et al.

Board of Patent Appeals and Interferences

May 14, 1998

07570260 (B.P.A.I. May. 14, 1998)

Patent No. 5,031,030, issued July 9, 1991, based on1
Application 07/570,260, filed August 20, 1990. Assigned to
The General Electric Company. Accorded benefit of: None.
Application 07/910,491, filed July 8, 1992. Unassigned. 2
Accorded benefit of U.S. Applications 07/635,197, filed January
2, 1991 (abandoned), and 07/569,029, filed August 17, 1990, now
Patent No. 5,113,262.
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is not binding precedent of the Board.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. 4
UNITED STATES PATENT AND TRADEMARK OFFICE
______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
______________
ROBERT N. HURST,
Junior Party,1
v.
CHRISTOPHER H. STROLLE,
JUNG WAN KO, and RAYMOND SCHNITZLER,
Senior Party.2
______________
Patent Interference No. 104,171
______________
JUDGMENT
______________
METZ, PATE, and MARTIN, Administrative Patent Judges.
Interference No. 104,171
2
MARTIN, Administrative Patent Judge.
In accordance with junior party Hurst’s concession
of priority filed May 8, 1998 (copy attached), judgment on the
issue of priority if hereby entered against Hurst et al.’s
claims that correspond to the count, i.e., patent claims 1-18,
which means Hurst is not entitled to a patent including those
claims. Judgment on the issue of priority therefore is
awarded in favor of Strolle et al.’s claims that correspond to
the count, i.e., application claims 1-54, 78-80, and 85-90 (of
which the examiner has indicated that claims 12-28, 78-80, and
85-90 are unpatentable over the prior art -- see pages 52-59
of the attachment to the Interference Initial Memorandum).
__________________________ )
ANDREW H. METZ )
Administrative Patent Judge )
)
) BOARD OF
__________________________ ) PATENT
APPEALS
WILLIAM F. PATE, III ) AND
Administrative Patent Judge )
INTERFERENCES
)
)
__________________________ )
JOHN C. MARTIN )
Interference No. 104,171
3
Administrative Patent Judge )
For the party Hurst:
Joseph S. Tripoli, Esq.
Patent Operation
GE/RCA Licensing Management Operation, Inc.
P.O. Box 5312
Princeton, NJ 08543-5312
For the party Strolle et al:
Robert E. Bushnell, Esq.
LEVY, BUSHNELL, ZITO & GRANDINETTI
1511 K Street N.W., Suite 425
Washington, D.C. 20005
Enclosure: Hurst’s concession of priority filed May 8, 1998.