TSEv.ANDRUS et al.Download PDFBoard of Patent Appeals and InterferencesMar 23, 200029094332 (B.P.A.I. Mar. 23, 2000) Copy Citation THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION and is not binding precedent of the Board Paper 6 Filed by: Interference Trial Section Merits Panel Box Interference Washington, D.C. 20231 Tel: 703-308-9797 Fax: 703-305-0942 UNITED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 - 2 - 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 ) - 3 - 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 Copy with citationCopy as parenthetical citation