Ex Parte LiuDownload PDFBoard of Patent Appeals and InterferencesSep 16, 200510376845 (B.P.A.I. Sep. 16, 2005) Copy Citation The conference call was held on 6 September 2005 at approximately 9:30 am. 1 Participating in the call were Otto Lee for Liu, Dr. Fei-Fei Chao and Gary Hnath, counsel for Liu and Chung, and Sally Gardner Lane, Administrative Patent Judge (APJ). Paper 33 Filed by: Merits Panel Mail Stop Interference Filed P.O. Box 1450 16 September 2005 Alexandria Va 22313-1450 Tel: 571-272-9797 Fax: 571-273-0042 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ XIN LIU and CHEE-KEUNG CHUNG (Patent 6,316,002 and Application 10/757,722) v. XIN LIU (Application 10/376,845) _______________ Patent Interference No. 105,060 _______________ Before Lee, Torczon, and Lane, Administrative Patent Judges. Lane, Administrative Patent Judge. Judgment - Request for Adverse - Bd.R. 127(b) Liu has filed a paper stating its intent to expressly abandon reissue application 10/376,845, i.e., the involved Liu application. (Paper 32). Liu’s filing is consistent with discussion during a conference call in which Liu indicated that it would no longer be alleging that Xin Liu should be named as sole inventor of the subject matter of the counts. The parties agreed1 Claims 23 through 32 were added by an amendment (Paper 21) that was2 authorized by the APJ (Paper 20 at 3). 2 that if Liu was no longer contesting inventorship, then there was no reason to continue the interference. Liu’s actions are construed to be a request for adverse judgment. Bd. R. 127(b)(1) and (4). Upon consideration of the record and for reasons given, it is ORDERED that judgment is entered against XIN LIU as to each count of the interference, i.e., counts 23 through 54; FURTHER ORDERED that XIN LIU is not entitled to a patent containing claims 1 through 32 of application 10/376,845, which correspond to counts 23 through 54, respectively. 2 (Paper 28 at 3-4); FURTHER ORDERED that a copy of this judgment shall be entered into the file of patent 6,316,002, application 10/757,722, and application 10/376,845; and FURTHER ORDERED that, if there is a settlement agreement, the parties are directed to 35 USC § 135(c) and Bd.R. 205(a). 3 cc (via facsimile and first class mail): Counsel for Liu and Chung: Dr. Fei-Fei Chao BINGHAM McCUTCHEN LLP 1120 20 Street, N.W. th Suite 800 Washington, DC 20036 Tel: 202-778-6150 Fax: 202-778-6155 Counsel for Liu: Otto O. Lee Intellectual Property Law Group LLP 12 South First Street Suite 1205 San Jose, CA 95113 Tel: 408-286-8933 Fax: 408-286-8932 Copy with citationCopy as parenthetical citation