Wallace et al.v.Bobo

Board of Patent Appeals and Interferences

Mar 19, 2009

09504972 (B.P.A.I. Mar. 19, 2009)

Mail Stop Interference Paper 4
P.O. Box 1450 Filed: 19 March 2009
Alexandria, VA 22313-1450
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

DONALD E. BOBO, Sr.
Junior Party
(Application 10/104,729)1

v.

WILLIAM D. WALLACE, CHRISTOPHER A. CUTLER
STEVEN R. SMITH and RICHARD A. DIXON
Senior Party
(Patent 6,447,462)2

Patent Interference No. 105,673 (JL)
(Technology Center 3700)

Before: JAMESON LEE, SALLY GARDNER LANE, and SALLY C. MEDLEY,
Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment – Request for Adverse – Bd. R. 127(b)

1 Filed March 21, 2002. The real party in interest is Innerspace Medical, Inc.

2 Based on Application 09/504,972, filed February 15, 2000. The real party in interest is General
Electric Capital Corporation.
Interference No. 105,673
Bobo v. Wallace

-2-
On 17 March 2009 counsel for junior party Bobo, Mr. Charles E. Fredericks,
called the Board and spoke with Board paralegal Ms. Yolunda Townes. Counsel
informed Ms. Townes that the junior party will not be responding to the show
cause order against the junior party, dated 24 February 2009, and also will not be
filing any paper in this interference.
Mr. Fredericks’ statement communicates abandonment of the contest by the
junior party in this interference and is construed as a request for entry of adverse
judgment. 37 C.F.R. § 41.127(b)(4). The request is granted.
It is
ORDERED that judgment on priority as to Count 1, Count 2, Count 3, and
Count 4, is entered against junior party DONALD E. BOBO, Sr.;
FURTHER ORDERED that junior party’s claim 3 of Application
10/104,729, which correspond to Count 1, is FINALLY REFUSED;
FURTHER ORDERED that junior party’s claim 5 of Application
10/104,729, which correspond to Count 2, is FINALLY REFUSED;
FURTHER ORDERED that junior party’s claims 6 and 8 of Application
10/104,729, which correspond to Count 3, are FINALLY REFUSED;
FURTHER ORDERED that junior party’s claim 10 of Application
Interference No. 105,673
Bobo v. Wallace

-3-
10/104,729, which correspond to Count 1, is FINALLY REFUSED;
FURTHER ORDERED that the parties shall note the requirements of
35 U.S.C. §135(c) and Bd.R. 205; and
FURTHER ORDERED that a copy of this judgment shall be entered into
the file of Application 10/104,729, and Patent 6,447,462.

Interference No. 105,673
Bobo v. Wallace

-4-
cc (via overnight delivery):

Attorney for Bobo:

INSKEEP INTELLECTUAL PROPERTY
GROUP, INC.
2281 W. 190th Street, Suite 200
Torrance, CA 90504
Tel: 310-755-7800

Attorney for Wallace:

TRASK BRITT
230 South
500 East, Suite 300
Salt Lake City, UT 84102
Tel: 801-532-1922