Weaver et al.v.Haberman et al.

Board of Patent Appeals and Interferences

Sep 11, 1998

08413306 (B.P.A.I. Sep. 11, 1998)

Application 08/413,306, filed March 30, 1995, now issued1
as Patent No. 5,594,718, granted January 14, 1997.
Application 08/366,352, filed December 29, 1994.2
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(2) is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

LINDSAY A. WEAVER, Jr.,
GWAIN BAYLEY, EDWARD G. TIEDEMANN, Jr.,
and KLEIN S. GILHOUSEN
Junior Party,1
v.
MICHAEL HABERMAN, and GLENN PIERSON
Senior Party.2

Patent Interference No. 104,005

Before URYNOWICZ, LEE and TORCZON, Administrative Patent
Judges.
LEE, Administrative Patent Judge.
JUDGMENT
On May 8, 1998, the junior party Weaver et al. filed a
paper captioned "REQUEST FOR ENTRY OF ADVERSE JUDGMENT" and a
Interference No. 104,005
Weaver et al. v. Haberman et al.
paper captioned "CONCESSION OF PRIORITY." The two papers have
been entered into the record collectively as Paper No. 17.
Interference No. 104,005
Weaver et al. v. Haberman et al.
Through Paper No. 17, party Weaver et al. has conceded
priority to party Haberman et al., and requested entry of
adverse
judgment against Weaver et al. Party Weaver et al.’s request
for entry of adverse judgment is herein granted.
Judgment is herein entered against the junior party
Weaver et al. Accordingly, Lindsay A. Weaver, Jr., Gwain
Bayley, Edward G. Tiedemann, Jr., and Klein S. Gilhousen, are
not entitled to their patent claims 1-13 which correspond to
the count.
Judgment is herein awarded to senior party Haberman et
al. Accordingly, Michael Haberman and Glenn Pierson, on this
record, are entitled to a patent containing their application
claims 1-13 which correspond to the count.

Stanley M. Urynowicz )
Administrative Patent Judge)
)
)
) BOARD OF PATENT
) APPEALS
Jameson Lee ) AND
Administrative Patent Judge) INTERFERENCES
)
Interference No. 104,005
Weaver et al. v. Haberman et al.
)
)
)
Richard Torczon )
Administrative Patent Judge)
Interference No. 104,005
Weaver et al. v. Haberman et al.
Counsel for Junior Party:
Russell B. Miller
Qualcomm Incorporated
6455 Lusk Blvd.
San Diego, California 92121
Counsel for Senior Party:
Stuart J. Sinder
Kenyon & Kenyon
One Broadway
New York, New York 10004