Cheungv.Sivan

Board of Patent Appeals and Interferences

May 2, 2000

29097980 (B.P.A.I. May. 2, 2000)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper No. 5
Filed by: Interference Trial Section Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
CHI KONG JEREMY CHEUNG
Junior Party,
(Applications 29/098,513),
v.
AVI SIVAN
Senior Party
(Application 29/097,980).
_______________
Patent Interference No. 104,508
_______________
Before: SCHAFER, LEE and TORCZON, Administrative Patent Judges.
PER CURIUM
JUDGMENT PURSUANT TO 37 CFR § 1.662(a)
On May 1, 2000, Junior Party Cheung, through counsel, informed Ms. Sonja Despertt, a legal
technician assigned to the Interference Trial Section, that Cheung would not be filing any papers or
proceeding further in this interference. This notification is taken as a request for entry of adverse judgment
against Cheung under 37 CFR § 1.662(a). Accordingly, it is
- 2 -
ORDERED that judgment on priority as to Count 1 (Paper 1, p. 32) the sole count in the
interference, is awarded against the junior party CHI KONG JEREMY CHEUNG;
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of senior party
AVI SIVAN;
FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,
junior party CHI KONG JEREMY CHEUNG is not entitled to a patent containing the sole claim
(corresponding to Count 1) of application 29/098,513, filed December 31, 1998.
FURTHER ORDERED that on the record before the Board of Patent Appeals and Interferences,
senior party AVI SIVAN is entitled to a patent containing the sole claim (corresponding to Count 1) of
application 29/097,980, filed December 18, 1998; and
FURTHER ORDERED that a copy of this decision be given a paper number and be made of
record in the files of applications 29/098,513 and 29/097,980.
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
RICHARD TORCZON )
Administrative Patent Judge )
cc (via Federal Express):
Attorney for Sivan: Robert J. Frank, Esq
- 3 -
Suite 1000
1201 New York Avenue, N.W.
Washington, DC 20005-3917
Attorney for Cheung:
Harold L. Novick, Esq.
Nath & Associates
1030 Fifteenth Street, N.W.
Sixth Floor
Washington, DC 20005