Viningv.Coin

Board of Patent Appeals and Interferences

Aug 30, 2000

08300943 (B.P.A.I. Aug. 30, 2000)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
This opinion was not written for publication and is not binding precedent of the Board.
Paper 37
Filed by:
Interference 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
_______________
DAVID J. VINING
Junior Party
(Application 08/734,427),
v.
CARL G. COIN
Senior Party
(Patent 5,458,111).
_______________
Patent Interference No. 104,366
_______________
Before: McKELVEY, Senior Administrative Patent Judge, SCHAFER and LEE, Administrative
Patent Judges.
SCHAFER, Administrative Patent Judge
JUDGMENT PURSUANT TO 37 CFR § 1.662
Upon consideration of the request of senior party, CARL G. COIN, for entry of adverse judgment
(Paper 33), it is
- 2 -
ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p. 41), is
awarded against the senior party CARL G. COIN;
FURTHER ORDERED that senior party, CARL G. COIN, is not entitled to a patent containing
claims 1-12 (corresponding to Count 1) of Patent 5,458,111; and
FURTHER ORDERED that a copy of this judgment be made of record in Application 08/734,427
and in the file of Patent 5,458,111.
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______________________________)
FRED E. McKELVEY )
Senior Administrative Patent Judge )
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______________________________) BOARD OF PATENT
RICHARD E. SCHAFER ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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______________________________)
JAMESON LEE )
Administrative Patent Judge )
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cc (via Fax):
Attorneys for Vining Attorneys for Coin
(real party in interest Wake Forest (real party in interest William C. Bond
University): and Thomas P. Stafford):
Donald R. Piper, Jr., Esq. R. Danny Huntington, Esq.
Vincent T. Pace, Esq. BURNS, DOANE, SWECKER & MATHIS,
DANN, DORFMAN, HERRELL and L.L.P.
SKILLMAN, P.C. P.O. Box 1404
1601 Market Street, Suite 720 Alexandria, VA 22313-1404
Philadelphia, PA 19103-2307 Tel: 703-836-6620
Tel: 215-563-4100 Fax: 703-836-2021
Fax: 215-563-4044