DAWS et al.

Board of Patent Appeals and Interferences

Jan 9, 2002

29083818 (B.P.A.I. Jan. 9, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 17
Filed by: Interference Trial Section Merits Panel
Box Interference Filed:
Washington, D.C. 20231 January 9, 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
J4N 9-z--202:
P PAT & TM ROBIN SCOTT, BOA 1) OFFIC& ANDOF PATENT
Junior Party, INTCFFý'4 APPE4L81
(Application 29/088,642),
ENCES
V.
WILLIAM R. DAWS and KAZUNOBU NAKAMURA,
Senior Party,
(Patent Design D417,254).
Patent Interference No. 104,562
Before: SCHAFER, LEE and TIERNEY, Administrative Patent Judge .
SCHAFER, Administrative Patent Judge
JUDGMENT PURSUANT TO 37 CFR § 1.662
A decision on motion (Paper 14) granted the parties'joint motion to change the inventoship
of the subject matter of involved Design Patent D417,254 from WILLIAM R. DAWS and
KAZUNOBU NAKAMURA to ROBIN SCOTT, WILLIAM R. DAWS and KAZUNOBU
NAKAMURA. Junior party Scott has filed a paper (Paper 15) expressly abandoning its involved
Application, 29/088,642. Pursuant to 37 CFR § 1.662(a), the abandonment of an involved
application is treated as a request for entry of an adverse judgment. Accordingly , it is
ORDERED that judgment on priority as to the subject matter of Count I (Paperlp.5),is
awarded against the junior. party Robin Scott;
FURTHER ORDERED that ROBIN SCOTT, WILLIAM R. DAWS and KAZUNOBU
NAKAMURA are entitled to a patent containing the sole claim (corresponding to Count 1) ofDesign
Patent D417,254;
FURTHER ORDERED that a copy of this judgment be made of record in Application
29/088,642 and in the file of Design Patent D417,254; and
FURTHER ORDERED that if there is a settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
aa
RICHARD E. SCHAFER
Judge
BOARD OF PATENT
'ESON LEE APPEALS AND
inistrative Patent Judge INTERFERENCES
MICHAEL P. TIERIýEY
Administrative Patent Judge
2
cc (via FedEx):
Attorney for SCOTT: Attorney for DAWS:
R. Danny Huntington, Esq. Joseph C. Andras, Esq.
Mark R. Kresloff, Esq. MYERS, DAWES & ANDRAS
BURNS, DOANE, SWECKER & 650 Town Center Drive
MATHIS, LLP Suite 650
P.O. Box 1404 Costa Mesa, CA 92626
Alexandria, VA 22313-1404
3