Nicholsv.Jin et al.

Patent Trial and Appeal Board

May 23, 2018

13829706 (P.T.A.B. May. 23, 2018)

BoxInterferences@uspto.gov Filed: May 23, 2018
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

DAVE NICHOLS,
(Patent 9,051,556)

v.

THONG-GYU JIN,
YO KYUNG CHUNG, SANG HOON PAIK, YOO CHANG PARK,
JINWOOK SEO, YONG WOON CHOI, JONG MUN SON,
and YONG-CHUL KIM,
(Application 14/976,073).

Patent Interference 106,095 (SGL)
(Technology Center 1600)

Before SALLY GARDNER LANE, JAMES T. MOORE, and DEBORAH KATZ,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(b)

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Senior party Jin has filed a paper expressly abandoning its involved 1
application. (Yin Express Abandonment, Paper 21; Correction, Paper 22). 2
Abandoning the involved application such that a party no longer has an 3
application or patent involved in the interference is construed as a request for 4
adverse judgment. Bd. R. 127(b) (1). 5
Order 6
It is 7
ORDERED that judgment on priority as to Count 1, the sole count of the 8
interference, is entered against senior party Yin (Declaration, Paper 1, 4); 9
FURTHER ORDERED that claims 28-58 of Yin application 14/976,073, 10
which correspond to Count 1, are FINALLY REFUSED (35 U.S.C. § 135(a));1 11
FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and 12
Bd. R. 205 regarding the filing of settlement agreements; and 13
FURTHER ORDERED that a copy of this judgment be entered into the 14
administrative records of the involved Yin application and Nichols patent. 15

1 Any reference to a statute in this Judgment is to the statute that was in effect
on March 15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125
Stat. 284, 293 (2011).

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cc (via e-mail): 1
2
Attorney for Nichols: 3
4
Fangli Chen, Ph.D., Esq. 5
Siegmund Gutman, Esq. 6
Andrej Barbic, Ph.D., Esq. 7
PROSAKUER ROSE 8
fcheninterferencematters@proskauer.com 9
sgutman@proskauer.com 10
abarbic@proskauer.com 11
12
Attorney for Yin: 13
14
John A. Bauer 15
Peter J. Cuomo 16
Kongsik Kim 17
MINTZ, LEVIN, COHN, FERRIS, GLOVSKY and PEPEO, P.C. 18
jabauer@mintz.com 19
pjcuomo@mintz.com 20
kkim@mintz.com 21
22