Ex Parte Joachim

Board of Patent Appeals and Interferences

Nov 30, 2005

29179724 (B.P.A.I. Nov. 30, 2005)

Based on Application 29/179,724, filed April 11, 2003. The real party in interest is Royal Consumer Information1
Products, Inc. (Paper No. 4).
Filed July 23, 2003. Accorded the benefit of Chinese Priority Application 03318860.2, filed January 27, 2003.2
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 48
Mail Stop Interference Entered November 30, 2005
P.O. Box 1450
Alexandria VA 22313-1450
Tel: 571-272-4626 Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
DAVID JOACHIM
Junior Party
(Patent D488830)1
v.
H. K. TSOI
Senior Party
(Application 29/186,952)2
_______________
Patent Interference No. 105,296
_______________
Before LEE, MEDLEY and MOORE, Administrative Patent Judge.
LEE, Administrative Patent Judge.
Judgment – Bd. Rule 127(b)
Senior party Tsoi has filed a paper requesting entry of adverse judgment and conceding
priority to the junior party. (Paper No. 47). The request is granted. It is
Interference No. 105,296
Joachim v. Tsoi
-2-
ORDERED that judgment as to the subject matter of Count 1 is herein entered against
senior party H.K. TSOI;
FURTHER ORDERED that senior party H.K. TSOI is not entitled to its sole claim
which corresponds to Count 1;
FURTHER ORDERED that senior party’s substitute motion 1 for priority is herein
dismissed;
FURTHER ORDERED that junior party’s substantive motion 3 for priority is herein
dismissed;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205;
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
/ss/ Jameson Lee
JAMESON LEE )
Administrative Patent Judge )
)
)
)
/ss/ Sally C. Medley ) BOARD OF PATENT
SALLY C. MEDLEY ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
/ss/ James T. Moore )
JAMES T. MOORE )
Administrative Patent Judge )
Interference No. 105,296
Joachim v. Tsoi
-3-
By Facsimile:
Counsel for Junior Party Joachim:
609-921-9535 (Fax)
Richard S. Roberts, Esq.
Roberts & Roberts, LLP
81 Tamarack Circle
Skillman, New Jersey 08558
Counsel for Senior Party Tsoi:
408-286-8932 (Fax)
Otto O. Lee, Esq.
Debbie Chun, Esq.
Intellectual Property Law Group LLP
12 South First Street, Twelfth Floor
San Jose, California 95113