FOGEL V. Parks et al. - Page 1

  Mail Stop INTERFERENCES                                 Not binding precedent                                                           
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  Fax: 571-273-0042                                                                                           Paper 41                    
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                              
                         BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                             
                                                 Patent Interference No. 105,218                                                          
                                                         BARRY S. FOGEL                                                                   
                                                             (6,117,877),                                                                 
                                                             Junior Party,                                                                
                                                                   v.                                                                     
                                                        THOMAS P. PARKS,                                                                  
                                   VIVIEN MAK, JUNG-CHUNG LEE, and CHARLES LEE                                                            
                                                             (09/769,621),                                                                
                                                             Senior Party.                                                                
                                                       Entered:  12 April 2005                                                            

                                            Judgment - Bd. R. 127(b) - Requested                                                          
                Before SCHAFER, TORCZON, and LANE, Administrative Patent Judges.1                                                         
                TORCZON, Administrative Patent Judge.                                                                                     
                        Parks reports that the parties have settled this interference.  Parks requests                                    
                adverse judgment against Parks.  The request is GRANTED.                                                                  
                        DECIDED that Parks not be issued a patent for the subject matter of claims 34-                                    
                40 and 42-48 of Parks' involved 09/769,621 application;                                                                   
                        FURTHER DECIDED that the priority statements be returned unopened; and                                            
                        FURTHER DECIDED that a copy of this decision be entered in the administrative                                     
                records of Parks application 09/769,621 and of Fogel patent 6,117,877.                                                    


                        1As part of Board efforts under the Government Paperwork Elimination Act, signatures on papers                    
                originating from the Board are being phased out in favor of a completely electronic record. Consequently,                 
                subsequent papers in this case originating at the Board will not have signatures. The parties have agreed to              
                participate in the electronic filing pilot program, which has its own standard for party signatures.                      





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