Liu et al. V. Liu V. Liu et al. - Page 1




                                                                                                                         Paper 33                    
                 Filed by: Merits Panel                                                                                                              
                 Mail Stop Interference                                                                  Filed                                       
                 P.O. Box 1450                                                                  16 September 2005                                    
                 Alexandria Va 22313-1450                                                                                                            
                 Tel: 571-272-9797                                                                                                                   
                 Fax: 571-273-0042                                                                                                                   
                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                               _______________                                                                       
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                      
                                                           AND INTERFERENCES                                                                         
                                                               _______________                                                                       
                                                                    XIN LIU                                                                          
                                                         and CHEE-KEUNG CHUNG                                                                        
                                              (Patent 6,316,002 and Application 10/757,722)                                                          
                                                                         v.                                                                          
                                                                    XIN LIU                                                                          
                                                           (Application 10/376,845)                                                                  
                                                               _______________                                                                       
                                                       Patent Interference No. 105,060                                                               
                                                               _______________                                                                       
                 Before Lee, Torczon, and Lane, Administrative Patent Judges.                                                                        
                 Lane, Administrative Patent Judge.                                                                                                  


                                              Judgment - Request for Adverse - Bd.R. 127(b)                                                          
                          Liu has filed a paper stating its intent to expressly abandon reissue application                                          
                 10/376,845, i.e., the involved Liu application.  (Paper 32).  Liu’s filing is consistent with                                       
                 discussion during a conference call in which Liu indicated that it would no longer be alleging that                                 
                                                                                                           1                                         
                 Xin Liu should be named as sole inventor of the subject matter of the counts.   The parties agreed                                  

                          1                                                                                                                          
                                   The conference call was held on 6 September 2005 at approximately 9:30 am.                                        
                 Participating in the call were Otto Lee for Liu, Dr. Fei-Fei Chao and Gary Hnath, counsel for Liu                                   
                 and Chung, and Sally Gardner Lane, Administrative Patent Judge (APJ).                                                               





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