Perkinsv.Edwards et al

Board of Patent Appeals and Interferences

May 13, 2002

08723588 (B.P.A.I. May. 13, 2002)

The opinion in support of the decision being entered
today is not binding precedent of the Board
Paper No. 20
Filed by: Trial Section Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
RODNEY C. PERKINS,
Junior Party,
(Patent 5,454,782),
v.
STUART D. EDWARDS, RONALD G. LAX,
INGEMAR H. LUNDQUIST and HUGH R. SHARKEY,
Senior Party,
(Application 08/723,588).
_______________
Patent Interference No. 104,726
______________________
Before LEE, GARDNER-LANE and MEDLEY, Administrative Patent
Judges.
MEDLEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Vidamed, Inc., the common assignee of the involved patent
and the involved application, was ordered to show cause why
adverse judgment as to the subject matter of the count should not
be entered against junior party Perkins (Paper 18). No response
was made by the due time.
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On May 10, 2002, board personnel Sonja Despertt spoke with
Mr. Roberts, counsel for Edwards (Vidamed, Inc.) to inquire
whether Vidamed, Inc. would respond to the ORDER TO SHOW CAUSE.
Mr. Roberts indicated that Vidamed, Inc. would not respond to the
ORDER TO SHOW CAUSE.
Upon consideration of the record, it is
ORDERED that judgment on priority as to Count 1 (Paper 1 at
5), the sole count in the interference, is awarded against junior
party Rodney C. Perkins.
FURTHER ORDERED that junior party Rodney C. Perkins is not
entitled to a patent containing claims 1-18 (corresponding to
Count 1) of U.S. Patent 5,454,782.
FURTHER ORDERED that a copy of this paper shall be made of
record in files of application 08/723,588 and U.S. Patent
5,454,782.
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FURTHER ORDERED that if there is a settlement agreement,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
______________________________
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
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cc (via federal express):
Attorney for Perkins:
David Weitz, Esq.
WILSON SONSINI GOODRICH & ROSATI
650 Pate Mill Road
Palo Alto, CA 94304-1050
Tel: (650)493-9300
Fax: (650)493-6811
Attorney for Edwards:
James W. Geriak, Esq.
Ken Roberts, Esq.
Lyon & Lyon LLP
1900 Main Street
Sixth Floor
Irvine, California 92614
Tel: (949)567-2300
Fax: (949)567-6600