HOFTMAN et al. V. DAVID - Page 1




                                                           Paper No.  14             

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                                  MIKE H. HOFTMAN                                     
                               PATRICIA C. ANDERSEN                                  
                                   Junior Party,1                                     
                                          v.                                          
                                   HENRY B. DAVID                                     
                                   Senior Party,2                                     
                                    ____________                                      
                           Patent Interference No. 103,755                            
                                   ____________                                       

          Before METZ, PATE and MARTIN, Administrative Patent Judges.                 
          PATE, Administrative Patent Judge.                                          

                    Now comes the senior party with a concession of                   
          priority, which is to be treated as a request for adverse                   
          judgment under 37 CFR  1.662(a) (1997).  Accordingly, the                  
          following judgment is entered.                                              


            1                                                                         
            Application 08/316,564, filed September 30, 1994.  Assignor               
          to American Medical Manufacturing, Inc.                                     
            2                                                                         
            Patent 5,188,323, granted February 23, 1993, based on                     
          Application 07/833,380 filed February 10, 1992.  Assignor to                
          Melco Wire Products, Co.                                                    


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