BPAI Board of Patent Appeals and Interferences Patent and Trademark Office (P.T.O.) DOMINIK M. WIKTOR JUNIOR PARTY [FN1] v. LEONARD PINCHUK SENIOR PARTY [FN2] Interference No. 103,198

Board of Patent Appeals and Interferences

 

 

Patent and Trademark Office (P.T.O.)

DOMINIK M. WIKTOR JUNIOR PARTY [FN1]

v.

LEONARD PINCHUK SENIOR PARTY [FN2]

Interference No. 103,198

April 22, 1992

 

Attorney for Wiktor:

 

 

Bruce M. Collins

 

 

Mathews, Woodbridge & Collins

 

 

100 Thanet Circle

 

 

Ste. 306

 

 

Princeton, NJ 08540-3662

 

 

Attorney for Pinchuk:

 

 

Lockwood, Alex, Fitzgibbon & Cummings

 

 

Three First National Plaza

 

 

Ste. 1700

 

 

Chicago, IL 60602

 

 

Before URYNOWICZ, SOFOCLEOUS and DOWNEY

 

 

Administrative Patent Judges.

 

 

URYNOWICZ

 

 

Administrative Patent Judge.

 

 

JUDGMENT

 

 Pinchuk, the senior party, has filed a concession of priority, which, pursuant to 37 CFR § 1.662(a), is treated as a request for entry of an adverse judgment as to all claims which correspond to the count.

 

 

 Accordingly, judgment as to the subject matter of the count in issue is hereby awarded to Dominik M. Wiktor, the junior party. Pinchuk is not entitled to its patent containing claims 1-13 corresponding to the count. On the present record, Wiktor is entitled to a patent containing claims 5-13 and 15-17; Wiktor is not entitled to a patent containing claim 14.

 

 

BOARD OF PATENT APPEALS AND INTERFERENCES

 

 

STANLEY M. URYNOWICZ, JR.

 

 

Administrative Patent Judge

 

 

MICHAEL SOFOCLEOUS

 

 

Administrative Patent Judge

 

 

MARY F. DOWNEY

 

 

Administrative Patent Judge

 

 

FN1. Application 07/872,737, filed April 22, 1992. Accorded benefit of Applications 07/327,286, filed March 22, 1989, now Patent No. 5,133,732, granted July 28, 1992; 07/109,686, filed October 19, 1987, now Patent No. 4,886,062, granted December 12, 1989. Assignor to Medtronic, Inc., Minneapolis, MN, Corp. of MN.

 

 

FN2. Patent No. 5,019,090, granted May 28, 1991, based on Application 07/240,000, filed September 1, 1988.

 

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