Ex Parte Huynh

Board of Patent Appeals and Interferences

Jun 16, 2003

08863779 (B.P.A.I. Jun. 16, 2003)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 25
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
TAN D. HUYNH E:AXED
Junior Party,
(Patent 5,896,107)', JUN 16 2003
V. PAT. & TFA. OFFICE
BOARD OF PATENT APPEAI.0j
BJORN LINDMARK ANDINTERFERENCES
Senior Party
(Application 09/451,862)'
Patent Interference No. 105,074
Before LEE, LANE and MEDLEY, Administrative Patent Judges.
LEE, Administrative Patent Judg
Jud2men
Based on application 08/863,779, filed May 27, 1997. The real party in interest is
Allen Telecom, Inc.
2 Filed December 1, 1999. Accorded the benefit of application 09/027, 933, filed
January 23, 1998, now Patent No. 6,018,319, and Sweden application 9700208-3, filed January
24, 1997. The real party in interest is Allgon A.B.
Interference No. 105,074
Hyunh v. Lindmark
On June 5, 2003, senior party Lindmark filed a paper entitled "Lindmark's Filing of
Express Abandonment" (Paper No. 23) wherein it is stated: "Lindmark hereby files its Express
Abandonment, attached hereto of the Lindmark application in interference."
Per 37 CFR § 1.662(a), the abandonment of the senior party's involved application is
herein treated as a request for entry of adverse judgment against senior party Lindmark. The
request is granted.
It is
ORDER-ED that judgment as to the subject matter of the count is hereby entered against
senior party BJORN LINDMARK;
FURTHER ORDER-ED that senior party BJORN LINDMARK is not entitled to its
application claims 9-15 and 19-27 which correspond to the count; and
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDER-ED that a copy of this judgment be placed in the respective
involved application or patent of the parties.
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Interference No. 105,074
Hyunh v. Lindmark
/Ijuleson Lee
YAdministrative Patent Judge
z BOARD OF PATENT
Sal y Gffrdnýer Lane APPEALS
Administrative Patent Judge AND
INTERFERENCES
Administrative Patent Judge
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Interference No. 105,074
Hyunh v. Lindmark
By Facsimile
Counsel for Senior Party Lindmark:
202-393-5350 (Fax)
Michael R. Slobasky, Esq.
JACOBSON HOLMAN PLLC
400 Seventh Street, N.W.
Washington, D.C. 20004
Counsel for Junior Party Hyunh:
972-744-2909 (Fax)
Robert C. Klinger, Esq.
2435 N. Central Expressway, Suite 600
Richardson, Texas 75080
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