Kirsch et al.v.Chou

Board of Patent Appeals and Interferences

Oct 7, 2003

09643391 (B.P.A.I. Oct. 7, 2003)

The opinion in support of the decision being
entered today is not binding precedent of the Board.

Filed by: Trial Section Merits Panel Paper No. 36
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 703-308-9797 Fax: 703-305-0942

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

WOLFF M. KIRSCH, YONG HUA ZHU
and MAU-SONG CHOU
Junior Party,
(Application 09/643,391)1

v.

MAU-SONG CHOU
Senior Party
(Patent 6,049,728)2
_______________

Patent Interference No. 105,071
_______________

Before LEE, LANE and MEDLEY, Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment

1 Filed August 22, 2000. The real party in interest is Loma Linda University
Medical Center.
2 Based on Application 09/190,940, filed November 12, 1998. The real party in
interest is TRW Inc. Accorded the benefit of Application 08/978,317, filed November 25,
1997.
Interference No. 105,071
Kirsch v. Chou

- 2 -
Junior party Kirsch has expressly abandoned its involved Application 09/643,391.
Per 37 CFR § 1.662(a), the express abandonment is treated as a request for entry of
adverse judgment. The request is granted. It is
ORDERED that judgment as to the subject matter of all counts 1-57 is herein
entered against junior party WOLFF M. KIRSCH, YONG HUA ZHU, and MAU-SONG
CHOU;
FURTHER ORDERED that junior party WOLFF M. KIRSCH, YONG HUA ZHU,
and MAU-SONG CHOU is not entitled to its application claims 12-68 which correspond,
respectively, to counts 1-57;
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 ORDERED that a copy of this judgment be placed in the respective
involved application or patent of the parties.

Interference No. 105,071
Kirsch v. Chou

- 3 -

Jameson Lee )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
Sally Gardner Lane ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
Sally Medley )
Administrative Patent Judge )
Interference No. 105,071
Kirsch v. Chou

- 4 -
By Facsimile:

Attorney for junior party KIRSCH:

626-795-6321 (fax)
Robert J. Rose, Esq.
SHELDON & MAK
225 South Lake Avenue, Ninth Floor
Pasadena, California 91101

Attorney for senior party CHOU:

310-812-2687 (fax)
Patrick F. Bright, Esq.
Bright & Lorig, P.C.
633 West Fifth Street, Suite 3330
Los Angeles, California 90071