Huangv.Colson

Board of Patent Appeals and Interferences

Feb 14, 2001

08775756 (B.P.A.I. Feb. 14, 2001)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 54
Filed by: Trial Section Merits Panel
Box Interference Entered
Washington, D.C. 20231 14 February 2001
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
CHUNG-CHEN HUANG,
Junior Party,
(Patent 5,525,395),
v.
WENDELL B. COLSON,
Senior Party,
(Application 08/775,756).
_______________
Patent Interference No. 104,473
_______________
Before: McKELVEY, Senior Administrative Patent Judge, and GARDNER-LANE and TIERNEY,
Administrative Patent Judges.
TIERNEY, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.640
On December 4, 2000, an order to show cause was entered requiring Junior Party Huang to
show cause why a judgment should not be entered against it. A response was not received to the order
to show cause. Support staff personnel of the Trial Section contacted counsel for Huang by telephone
and it was determined that Huang had not filed a response to the order to show cause. Upon
consideration of the record, it is
ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,
Paper No. 1, page 47), the sole count in the interference, is awarded against Junior Party Huang.
FURTHER ORDERED that Junior Party Huang is not entitled to a patent containing
claims 1-11 (corresponding to Count 1) of Huang, U.S. Patent No. 5,525,395.
FURTHER ORDERED that a copy of this paper shall be made of record in files of
Colson, Application 08/775,756 and Huang, U.S. Patent 5,525,395.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135(c) and 37 CFR § 1.661.
FRED E. McKELVEY )
Senior Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
SALLY GARDNER-LANE ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MICHAEL P. TIERNEY )
Administrative Patent Judge )
cc (via facsimile and First Class Mail):
Attorney for Huang
(real party in interest
TehYor Industrial Co., Ltd.):
Arne M. Olson, Esq.
Dolores T. Kenney, Esq.
OLSON & HIERL, LTD.
20 North Wacker Drive
36th Floor
Chicago, IL 60606
Tel: 312-580-1180
Fax: 312-580-1189
E-mail: olsonhierl@aol.com
Attorney for Colson
(real party in interest
Hunter Douglas Inc.):
Reed R. Heimbecher, Esq.
Gary M. Polumbus, Esq.
DORSEY & WHITNEY LLP
370 Seventeenth Street, #4400
Denver, CO 80202-5644
Tel: 303-629-3400
Fax: 303-629-3450
E-mail: heimbecher.reed@dorseylaw.com
E-mail: polumbus.gary@dorseylaw.com