TANGv.LITVAK

Board of Patent Appeals and Interferences

Feb 25, 2002

07996817 (B.P.A.I. Feb. 25, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 62
Filed by: Interference Trial Section Merits Panel
Box Interference Filed:
Washington, D.C. 20231 25 February 2002
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
WALLACE T. Y. TANG
Junior Party,
(Application 07/996,817),
v.
HERBERT E. LITVAK
Senior Party
(Patent 5,499,733).
_____________________________________________________________________________
HERBERT E. LITVAK
Junior Party
(Patent 5,499,733),
v.
WALLACE T. Y. TANG
Senior Party,
(Application 07/996,817).
Before: SCHAFER, LEE and SPIEGEL, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
Each party has filed a contingent request for adverse judgment. All stated contingencies have
been met. Litvak requests entry of adverse judgment as to the subject matter of Count 2. Paper 54.
Tang requests entry of judgment as to the subject matter of Count 3. Paper 59. The requests are1
granted.
,
ORDERED that judgment on priority as to the subject matter of Count 2 (Paper 61, p. 2) is
awarded against the party, HERBERT E. LITVAK;
FURTHER ORDERED that the party, HERBERT E. LITVAK, is not entitled to a patent
containing claims 5-7, 8(5), 8(6) 9(5), 9(6), 13 and 19 (corresponding to Count 2) of Patent
5,499,733;
FURTHER ORDERED that judgment on priority as to the subject matter of Count 3 (Paper
61, p. 3) is awarded against the party, WALLACE T. Y. TANG;
FURTHER ORDERED that the party, WALLACE T. Y. TANG, is not entitled to a patent
containing claims 55-58, 64, 67, 71(64), 73, 75, 77-81, 83, 84 and 86 (corresponding to Count 3) of
Application 07/996,817;
FURTHER ORDERED that a copy of this judgment be made of record in Application
07/996,817 and Patent 5,499,733; and
FURTHER ORDERED that if there is any settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
)
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
CAROL A. SPIEGEL )
Administrative Patent Judge )

cc (Fed Ex):
Attorney for Tang: Attorney for Litvak:
William E. Booth, Esq. Gerald P. Parsons, Esq.
FISH & RICHARDSON SKJERVEN MORRILL
225 Franklin Street MACPHERSON LLP
Boston, MA 02110 Three Embarcadero Center, Ste. 2800
Tel: 617-542-5070
Fax: 617-542-8906 Tel: 415-217-6000
San Francisco, CA 94111
Fax: 415-434-0646