Interference No. 105,458
Scholz v. Freeman
1 Both junior party’s involved patent and senior party’s involved application have been
2 assigned to BSN Medical, Inc. (Paper 37). The common assignee has elected the senior party
3 applicant to prevail on priority (Paper 39). Accordingly, it is
4 ORDERED that judgment on priority as to the subject matter of Count 1 is herein
5 entered against junior party MATTHEW T. SCHOLZ, MICHAEL D. DELMORE, and DANIEL
6 W. DAVIS;
7 FURTHER ORDERED that junior party MATTHEW T. SCHOLZ, MICHAEL D.
8 DELMORE, and DANIEL W. DAVIS is not entitled to claims 1-35 of its involved Patent No.
9 5,342,291;
10 FURTHER ORDERED that if there is a settlement agreement, the parties should note
11 the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
12 FURTHER ORDERED that a copy of this judgment be placed in the respective
13 involved application or patent of the parties.
/ss/ Jameson Lee
JAMESON LEE
Administrative Patent Judge
/ss/ Richard Torczon
RICHARD TORCZON
Administrative Patent Judge
/ss/ James T. Moore
JAMES T. MOORE
Administrative Patent Judge
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Last modified: September 9, 2013