Moss et al.v.Dorner et al.

Board of Patent Appeals and Interferences

Apr 8, 1998

07935812 (B.P.A.I. Apr. 8, 1998)

Application No. 07/935,812, filed August 26, 1992. 1
Assignor to Dept. of Health & Human Services.
Application No. 07/914,738, filed July 20, 1992. 2
Accorded Benefit of U.S. Application No. 07/750,080, filed
August 26, 1991, now Patent No. 5,445,953, issued
August 29, 1995. Assignors to Immuno Aktiengyesellschaft and
Baxter International, Inc.
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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journal and (2) is not binding precedent of the Board.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. 34
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
BERNARD MOSS and MICHAEL J. MERCHLINSKY
Junior Party,1
v.
FRIEDRICH DORNER, FRIEDRICH SCHEIFLINGER,
FALKO GUNTER FALKNER and MICHAEL PFLEIDERER
Senior Party.2
________________
Interference No. 103,779

Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
SOFOCLEOUS, Administrative Patent Judge.
JUDGMENT
Interference No. 103,779
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Dorner et al., the senior party, have 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 Bernard Moss and
Michael J. Merchlinsky, the junior party. Friedrich Dorner,
Friedrich Scheiflinger, Falko Gunter Falkner and
Michael Pfleiderer, the senior party, are not entitled to a
patent containing claims 50-52, 74, 76, 78 to 84, 97 and 100
to 113.
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. 103,779
-3-
Attorneys for Moss et al.:
Daniel E. Altman
Knobbe, Martens, Olson & Bear
620 Newport Center Dr.
16th Floor
Newport Beach, CA 92660
Attorneys for Dorner et al.:
Stephen A. Bent
Foley & Lardner
Suite 500
3000 K St., N.W.
Washington, DC 20007-5109