WUv.CASTO et al.

Board of Patent Appeals and Interferences

May 17, 2000

29102465 (B.P.A.I. May. 17, 2000)

Filed April 20, 1999.1
Filed March 24, 1999.2
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1) was not written
for publication in a law journal and (2) is not binding precedent of the
Board.
Paper No. 08
Filed by: 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
_______________
HSIN-TSAI WU
Junior Party
(Patent No. 29/103,713)1
v.
DOUGLAS R. CASTO and JAMES T. SENER
Senior Party
(Application 29/102,465)2
_______________
Patent Interference No. 104,521
_______________
Before McKELVEY, Senior Administrative Patent Judge, SCHAFER
and LEE, Administrative Patent Judges.
LEE, Administrative Patent Judge.
Judgment
Interference No. 104,521
Wu v. Casto
2
On May 11, 2000, the Board received a facsimile
transmission from junior party Wu enclosing a paper expressly
abandoning the junior party’s involved application. The
abandonment of the involved application is regarded as a
request for entry of adverse judgment as to the subject matter
of the count.
The request is granted. It is
ORDERED that judgment as to the subject matter of the
count is herein awarded against junior party HSIN-TSAI WU;
FURTHER ORDERED that junior party HSIN-TSAI WU is not
entitled to a patent containing its sole claim which
corresponds to the count;
FURTHER ORDERED that judgment as to the subject matter of
the count is herein awarded in favor of senior party DOUGLAS
R. CASTO and JAMES T. SENER;
FURTHER ORDERED that senior party DOUGLAS R. CASTO and
JAMES T. SENER, on this record, is entitled to a patent
containing its sole claim which corresponds to the count; and
FURTHER ORDERED that junior party HSIN-TSAI WU shall,
within five (5) days of the date of this communication, file
the original of the paper abandoning its involved application,
Interference No. 104,521
Wu v. Casto
3
so that it shall be entered into junior party’s involved
application as the next entry in the file.

Fred E. McKelvey, Senior )
Administrative Patent Judge)
)
)
) BOARD OF PATENT
) APPEALS
Richard E. Schafer ) AND
Administrative Patent Judge) INTERFERENCES
)
)
)
)
Jameson Lee )
Administrative Patent Judge)
Interference No. 104,521
Wu v. Casto
4
By Federal Express:
Counsel for junior party Wu
Gerald T. Bodner
Hoffmann & Baron, LLP
6900 Jericho Turnpike
Syosset, New York 11791
Counsel for senior party Casto
Nicholas L. Coch
Kramer Levin Naftalis & Frankel LLP
919 Third Avenue
New York, New York 10022