ASHKENAZIv.Yu et al.

Board of Patent Appeals and Interferences

Sep 26, 2006

10189189 (B.P.A.I. Sep. 26, 2006)

Paper 33
Filed by:
Trial Procedures Panel
Mail Stop Interference
P.O. Box 1450 Filed: September 26, 2006
Alexandria, VA 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
AVI ASHKENAZI
Junior Party
(U.S. Patent 6,469,144),
v.
GUO-LIANG YU, JIAN NI, REINER GENTZ,
and PATRICK DILLON
Senior Party
(U.S. Application 10/189,189).
Patent Interference No. 105,438 (MPT)
(Technology Center 1600)
1 JUDGMENT - REQUEST FOR ADVERSE - Bd. R. 127(b)
2
3 Before: Medley, Tierney and Moore, Administrative Patent Judges
4 Tierney, Administrative Patent Judge.
5 Junior Party Ashkenazi has filed a request for adverse judgment. (Ashkenazi Request for
6 Adverse Judgment, Paper No. 32). Specifically, Junior Party Ashkenzai has abandoned the
7 contest and requests adverse judgment on priority as to Count 1, the sole count in interference.
8 Bd. R. 127(b).
9
2
1 It is:
2 ORDERED that judgment on priority as to Count 1, the sole count in interference, is
3 awarded against Junior Party Ashkenzai .
4 FURTHER ORDERED that Junior Party Ashkenzai is not entitled to a patent
5 containing claims 1-15 of U.S. Patent 6,469,144, all of which correspond to Count 1.
6 FURTHER ORDERED that a copy of this paper shall be made of record in the files of
7 U.S. Application No. 10/189,189 and U.S. Patent No. 6,469,144.
8 FURTHER ORDERED that should there be a settlement agreement, the parties’
9 attention is directed to 35 U.S.C. §135(c) and Bd. R. 205.
10
11 /s/ Sally C. Medley )
12 SALLY C. MEDLEY )
13 Administrative Patent Judge )
14 )
15 )
16 )
17 /s/ Michael P. Tierney ) BOARD OF PATENT
18 MICHAEL P. TIERNEY ) APPEALS
19 Administrative Patent Judge ) AND
20 ) INTERFERENCES
21 )
22 )
23 /s/ James T. Moore )
24 JAMES T. MOORE )
25 Administrative Patent Judge )
26
3
1 cc (via electronic mail):
2 Counsel for ASHKENAZI:
walterstr@bipc.com3
northcl@bipc.com4
5
6 Counsel for YU:
JGOLD@SKGF.COM7
EELISON@SKGF.COM8
9