Ex Parte Fogel

Board of Patent Appeals and Interferences

Apr 12, 2005

09258828 (B.P.A.I. Apr. 12, 2005)

Paper 41
As part of Board efforts under the Government Paperwork Elimination Act, signatures on papers
1
originating from the Board are being phased out in favor of a completely electronic record. Consequently,
subsequent papers in this case originating at the Board will not have signatures. The parties have agreed to
participate in the electronic filing pilot program, which has its own standard for party signatures.
Not binding precedentMail Stop INTERFERENCES
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Patent Interference No. 105,218
BARRY S. FOGEL
(6,117,877),
Junior Party,
v.
THOMAS P. PARKS,
VIVIEN MAK, JUNG-CHUNG LEE, and CHARLES LEE
(09/769,621),
Senior Party.
Entered: 12 April 2005
Judgment - Bd. R. 127(b) - Requested
Before SCHAFER, TORCZON, and LANE, Administrative Patent Judges.1
TORCZON, Administrative Patent Judge.
Parks reports that the parties have settled this interference. Parks requests
adverse judgment against Parks. The request is GRANTED.
DECIDED that Parks not be issued a patent for the subject matter of claims 34-
40 and 42-48 of Parks' involved 09/769,621 application;
FURTHER DECIDED that the priority statements be returned unopened; and
FURTHER DECIDED that a copy of this decision be entered in the administrative
records of Parks application 09/769,621 and of Fogel patent 6,117,877.
Interference No. 105,218
Fogel v. Parks Page 2
Paper 41
Notice: Agreements and understandings regarding the termination of an interference
are subject to filing requirements under 35 U.S.C. 135(c).
cc (via first-class mail):
For Fogel:
Sam Pasternack
Elijah Cocks
CHOATE, HALL & STEWART
53 STATE ST
BOSTON MA 02109
For Parks:
Steven W. Parmalee
Frank J. Mycroft
TOWNSEND AND TOWNSEND AND CREW LLP
2 EMBARCADERO CTR FL 8
SAN FRANCISCO CA 94111-3834