MCGUIRE et al v. SCHMIEDING - Page 1




                       The opinion in support of the decision being entered today was not written for                                
                       publication in a law journal and is not binding precedent of the Board.                                       
                                                                                                 Paper No. 93                        

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        ________________                                                             
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                    AND INTERFERENCES                                                                
                                                        ________________                                                             
                                        DAVID A. McGUIRE and ROGER PATERSON                                                          
                                                           Junior Party,1                                                            
                                                                 v.                                                                  
                                                   REINHOLD SCHMIEDING                                                               
                                                           Senior Party.2                                                            
                                                        ________________                                                             
                                                 INTERFERENCE NO. 104,0073                                                           
                                                        ________________                                                             
               Before URYNOWICZ, PATE and MARTIN, Administrative Patent Judges.                                                      
               URYNOWICZ, Administrative Patent Judge.                                                                               

                                                        FINAL DECISION                                                               
                      The invention at issue in this interference relates to a medical drill guide.  The particular                 
               subject matter in issue is illustrated by count 1 as follows:                                                         

                                                                                                                                     
               1 Application No. 08/478,492, filed June 7, 1995.  Accorded benefit of U.S. Application No. 07/839,466, filed         
               February 19, 1992, now Patent No. 5,520,693, issued May 28, 1996.                                                     
               2 Application No. 07/836,720, filed February 19, 1992, now U.S. Patent No. 5,320,626, issued June 7, 1994.            
               Assignors to Arthrex Inc., A Corporation of Delaware.                                                                 
               3 Although of no consequence here, the order of the parties has been changed because there is no party with the       
               earliest effective filing date as to the count and Schmieding has the earlier filing date.  37 CFR § 1.601(m).        





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