OKUN et al. V. PARCE et al. - Page 1





                                                The opinion in support of the decision being                                                 
                                             entered today is not binding precedent of the Board.                                            
                                                                                                                Paper 18                     
              Filed by: Trial Section Merits Panel                                                                                           
                      Board of Patent Appeals and Interferences                                                                              
                      US Patent and Trademark Office Filed:                                                                                  
                      P. 0. Box 1450 29 September 2003                                                                                       
                      Alexandria, VA 22313-1450                                                                                              
                      Tel: 703-308-9797                                                                                                      
                      Fax: 703-305-0942                                                                                                      
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                                  

                                        BEFORE THE BOARD OF PATENT APPEALS FAXED                                                             
                                                      AND INTERFERENCES                                                                      
                                                                                                        SEP 2 9 2003                         
                                                  ILYA OKUN and ALEX OKUN,                                                                   
                                                              Junior Party PAT. & T.M. OFFICE                                                
                                                                                                   BOARD OF PATENT APPEALS                   
                                                          (Patent 5,919,646), AND INTERFERENCES                                              
                                                                   V.                                                                        
                                       JOHN WALLACE PARCE, ANNE R. KOPF-SILL                                                                 
                                                        and LUC J. BOUSSE,                                                                   
                                                              Senior Party                                                                   
                                                      (Applications 09/608,898).                                                             

                                                   Patent Interference No. 105,042                                                           

               Before: SCHAFER, TORCZON and SPIEGEL, Administrative Patent Judges.                                                           
               SCHAFER, Administrative Patent Judge.                                                                                         
                                         JUDGMENT PURSUANT TO 37 CFR § 1.662                                                                 
                       Senior party Parce has expressly abandoned involved Application, 09/608,898. See Paper                                
               17. Pursuant to 37 CFR § 1.662(a), the abandonment of art involved application is treated as a                                
               request for entry of an adverse judgment. Accordingly, it is                                                                  
                       ORDERED that judgment on priority as to the subject matter of Count I (Paperlp.5),is                                  
               awarded against the senior party, JOHN WALLACE PARCE, ANNE R. KOPF-SILL                                                       
               and LUC J. BOUSSE;                                                                                                            







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