OKUN et al v. WALLACE et al - Page 1




                                             The opinion in support of the decision being                                   
                                         entered today is not binding precedent of the Board.                               
                                                                     Paper 19                                               
              Filed by: Trial Section Merits Panel                                                                          
              Board of Patent Appeals and Interferences                                                                     
              U.S Patent and Trademark Office                                          Filed:                               
                    P. O. 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                                                     
                                                 AND INTERFERENCES                                                          
                                                    _______________                                                         
                                             ILYA OKUN and ALEX OKUN                                                        
                                                       Junior Party,                                                        
                                             (Patents 5,804,436 and 5,919,646),                                             
                                                             v.                                                             
                                    JOHN WALLACE PARCE, ANNE R. KOPF-SILL                                                   
                                                  and LUC J. BOUSSE,                                                        
                                                       Senior Party                                                         
                                         (Applications 09/250,029 and 10/084,635).                                          
                                                    _______________                                                         
                                              Patent Interference No. 105,070                                               
                                                    _______________                                                         
              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  Applications  09/250,029  and                
              10/084,635.  See Paper 18.  Pursuant to 37 CFR § 1.662(a), the abandonment of an 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  1  (Paper 1, p. 5), is            
              awarded against the senior party, JOHN WALLACE PARCE, ANNE R. KOPF-SILL and LUC J.                            
              BOUSSE;                                                                                                       






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