Watermanv.Birbaum et al.

Board of Patent Appeals and Interferences

Jan 19, 2000

08481110 (B.P.A.I. Jan. 19, 2000)

Patentee Application 08/481,110, filed June 7, 1995, now Patent No. 5,760,2281
issued June 2, 1996. Accorded benefit Application 07/605,199, filed October 29, 1990,
abandoned; and Application 08/198,238, filed February 18, 1994, now Patent No.
5,461,151, issued October 24, 1995. Assignee for Cytechnology Corp.
Application 08/591,419, filed January 19, 1996. Accorded benefit Application2
08/143,525, filed October 26, 1993; Application 07/978,064, filed November 18, 1992;
07/611,207, filed November 13, 1990; and Application 07/446,369, filed December 5,
1989, all abandoned.
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publication in a law journal and (2) is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
PAUL S. WATERMAN
Junior party1
v.
JEAN-LUC BIRBAUM, JEAN RODY, MARIO SLONGO,
ANDREAS VALET and ROLAND A. E. WINTER
Senior Party2
__________
Interference Patent No. 104,282
___________
Before URYNOWICZ, DOWNEY and ELLIS, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
Interference No. 104,282
2
JUDGMENT PURSUANT TO 37 CFR § 1.662(a)
On December 7, 1999, Waterman, the junior party, filed an abandonment of the
contest (Paper No. 43), which pursuant to 37 CFR § 1.662(a) is treated as a request for
entry of an adverse judgment as to all the claims which correspond to the count in this
interference.
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to Jean-Luc Birbaum, Jean Rody, Mario Slongo, Andreas Valet and Roland A.E.
Winter, the senior party, and awarded against Paul S. Waterman, junior party.
Accordingly, on this record, Waterman, the junior party, is not entitled to his patent
containing claims 1-16 corresponding to the count and Birbaum et al. is entitled to a patent
containing claims 35-37 corresponding to the count.

STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MARY F. DOWNEY )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOAN ELLIS )
Interference No. 104,282
3
Administrative Patent Judge )
Thomas E. Friebel
Samuel B. Abrams
Pennie & Edmonds LLP
1155 Avenue of the Americas
New York NY 10036
Mathews, Woodbridge and Collins
100 Thanet Circle
Suite 306
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