ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against senior party
MICHAEL R. O’BRIEN, GEORGE W. OFF and TIMOTHY L. CHERNEY;
FURTHER ORDERED that senior party MICHAEL R. O’BRIEN,
GEORGE W. OFF and TIMOTHY L. CHERNEY, is not entitled to a
patent containing claims 1, 3-6, 8, 10, 13-21, 23-24, 27-35,
37-43, and 45-67 of US application 08/498,654 which correspond
to Count 1;
FURTHER ORDERED that, on the record before us, junior
party DAVID W. DEATON and RODNEY G. GABRIEL, is entitled to a
patent containing claims 1-11 and 15-23 of U.S. Patent
5,649,114, which correspond to Count 1;
FURTHER ORDERED that a copy of this decision be given a
paper number and be entered in the administrative records of
O'Brien's 08/498,654 application and Deaton's 5,649,114 patent.
______________________________
JAMESON LEE )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
SALLY C. MEDLEY )
Administrative Patent Judge )
2
Page: Previous 1 2 3 Next
Last modified: November 3, 2007