TSEv.ANDRUS et al.

Board of Patent Appeals and Interferences

Mar 23, 2000

29094332 (B.P.A.I. Mar. 23, 2000)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
and is not binding precedent of the Board
Paper 6
Filed by: Interference Trial Section Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
HING FAI TSE
Junior Party,
(Applications 29/094,332, and 29/094,338),
v.
LEONARD ANDRUS and JEFFREY KOT
Senior Party
(Application 29/091,473).
_______________
Patent Interference No. 104,507
_______________
Before: SCHAFER, LEE and TORCZON, Administrative Patent Judges.
PER CURIUM
JUDGMENT PURSUANT TO 37 CFR § 1.662(a)
Junior Party Andrus, through counsel, has filed an express abandonment of his involved design
application 29/091,473. A copy of the express abandonment is attached to and made part of this
judgment. Section 1.662(a) of Title 37 provides in relevant part:
Abandonment of an application, other than an application for reissue having a
claim of the patent sought to be reissued involved in the interference, will be
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treated as a request for entry of an adverse judgment against the applicant as to
all claims corresponding to all counts.
Andrus’ express abandonment of the application is treated as a request for adverse judgment as to the sole
design claim and count 1. Accordingly, it is
ORDERED that judgment on priority as to Count 1 (Paper 1, p. 32) the sole count in the
interference, is awarded against the senior party LEONARD ANDRUS and JEFFREY KOT.
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of junior party
HING FAI TSE.
FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,
senior party LEONARD ANDRUS and JEFFREY KOT is not entitled to a patent containing the sole
claim (corresponding to Count 1) of application 29/091,473, filed July 30, 1998.
FURTHER ORDERED that on the record before the Board of Patent Appeals and Interferences,
junior party HING FAI TSE is entitled to a patent containing the sole claim (corresponding to Count 1)
of each of applications 29/094,332, and 29/094,338, filed September 30, 1998.
FURTHER ORDERED that a copy of this decision be given a paper number and be made of
record in the files of applications 29/091,473; 29/094,332 and 29/094,338.
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
RICHARD TORCZON )
Administrative Patent Judge )
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cc (via Federal Express):
Attorney for Andrus
EDGAR A. ZARINS, Esq.
Masco Corporation
21001 Van Born Road
Taylor , MI 48180
Tel: 313-792-6485
Attorney for Tse
JEFFREY A. WYAND, Esq.
Leydig Voit & Mayer
Suite 300
700 Thirteenth Street, N.W.
Washington , DC 20005
Tel: 202-737-6770