Chien et al.v.Lu et al.

Board of Patent Appeals and Interferences

Apr 30, 2009

29245547 (B.P.A.I. Apr. 30, 2009)

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Paper 16
Mail Stop Interference
P.O. Box 1450 Filed: April 30, 2009
Alexandria Va 22313-1450
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

MIN LUNG CHIEN, KAI RAY CHENG, and JIAN CHENG

Junior Party
(Patent D558,144),

v.

KUN LU, HONG-QIANG HAN, and ZI-QIANG ZHU

Senior Party
(Application 29/245,547).

Patent Interference No. 105,679
(Technology Center 2900)

Before JAMES T. MOORE, Vice Chief Administrative Patent Judge, and
RICHARD E. SCHAFER, and JAMESON LEE, Administrative Patent Judges.

MOORE, Vice Chief Administrative Patent Judge.

JUDGMENT – Bd. R. 127(b)(4)

Interference 105,679 was declared on February 19, 2009 (paper 1). No papers
have been filed on behalf of the junior party Chien, as required by the Board Rules and

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the Standing Order (paper 2).1 Moreover, Chien has not timely filed a response to the
Order to Show Cause (paper 13).2
Junior party Chien’s failure to respond to the Order to Show Cause is an
abandonment of the contest. An abandonment of the contest is construed as a request
for adverse judgment. Bd. R. 127(b)(4).
Accordingly, it is
ORDERED that judgment be entered against Chien for count 1 (paper 1);
FURTHER ORDERED that claim 1 of Chien’s involved patent is CANCELLED,
35 U.S.C. § 135 (a); and

FURTHER ORDERED that a copy of this judgment be entered in the
administrative records of the involved Chien patent and Lu application.

1 Within 14 days of the date of the declaration, the parties must file:
(1) notice of lead and backup counsel (Bd. R. 108(b))
(2) a clean copy of claims (Bd. R. 110 (a))
(3) notice of real party-in-interest (SO ¶ 8.1)
(4) notice of related proceedings (SO ¶ 8.2)
(5) a request for file copies (SO ¶ 109)

2 On April 2, 2009, delivery of the Order to Show Cause to junior party Chien was
received and signed by Mr. S. Lin. (Ex. 1, Federal Express Delivery Confirmation,
Tracking no. 818809406572). Chien’s time to respond to the Order expired on April 20,
2009.

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/James T. Moore/ )
JAMES T. MOORE )
Vice Chief Administrative Patent Judge )
) BOARD OF
/Richard E. Schafer/ ) PATENT
RICHARD E. SCHAFER ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
/Jameson Lee/ )
JAMESON LEE )
Administrative Patent Judge )

cc (via overnight delivery):

Attorney for CHIEN:

Michael Lin
5F 79 Roosevelt Road, Sec 2
Taipei 106 TW, Taiwan

Attorney for LU:

Wei Te Chung, Esq.
FOXCONN INTERNATIONAL, INC.
1650 Memorex Drive
Santa Clara, CA 95050