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
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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