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
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 junior party LEONARD ANDRUS and JEFFREY KOT.
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of senior party
HING FAI TSE.
FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,
junior party LEONARD ANDRUS and JEFFREY KOT is not entitled to a patent containing the sole claim
(corresponding to Count 1) of application 29/091,500, filed July 30, 1998.
FURTHER ORDERED that on the record before the Board of Patent Appeals and Interferences,
senior party HING FAI TSE is entitled to a patent containing the sole claim (corresponding to Count 1)
of application 29/090,263, filed July 3, 1998.
FURTHER ORDERED that a copy of this decision be given a paper number and be made of
record in the files of applications 29/091,500 and 29/090,263.
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
RICHARD TORCZON )
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