Nicholsv.Jin et al.Download PDFPatent Trial and Appeal BoardMay 23, 201813829706 (P.T.A.B. May. 23, 2018) Copy Citation BoxInterferences@uspto.gov Filed: May 23, 2018 Tel: 571-272-9797 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD DAVE NICHOLS, (Patent 9,051,556) v. THONG-GYU JIN, YO KYUNG CHUNG, SANG HOON PAIK, YOO CHANG PARK, JINWOOK SEO, YONG WOON CHOI, JONG MUN SON, and YONG-CHUL KIM, (Application 14/976,073). Patent Interference 106,095 (SGL) (Technology Center 1600) Before SALLY GARDNER LANE, JAMES T. MOORE, and DEBORAH KATZ, Administrative Patent Judges. LANE, Administrative Patent Judge. JUDGMENT - Bd. R. 127(b) -2- Senior party Jin has filed a paper expressly abandoning its involved 1 application. (Yin Express Abandonment, Paper 21; Correction, Paper 22). 2 Abandoning the involved application such that a party no longer has an 3 application or patent involved in the interference is construed as a request for 4 adverse judgment. Bd. R. 127(b) (1). 5 Order 6 It is 7 ORDERED that judgment on priority as to Count 1, the sole count of the 8 interference, is entered against senior party Yin (Declaration, Paper 1, 4); 9 FURTHER ORDERED that claims 28-58 of Yin application 14/976,073, 10 which correspond to Count 1, are FINALLY REFUSED (35 U.S.C. § 135(a));1 11 FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and 12 Bd. R. 205 regarding the filing of settlement agreements; and 13 FURTHER ORDERED that a copy of this judgment be entered into the 14 administrative records of the involved Yin application and Nichols patent. 15 1 Any reference to a statute in this Judgment is to the statute that was in effect on March 15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011). -3- cc (via e-mail): 1 2 Attorney for Nichols: 3 4 Fangli Chen, Ph.D., Esq. 5 Siegmund Gutman, Esq. 6 Andrej Barbic, Ph.D., Esq. 7 PROSAKUER ROSE 8 fcheninterferencematters@proskauer.com 9 sgutman@proskauer.com 10 abarbic@proskauer.com 11 12 Attorney for Yin: 13 14 John A. Bauer 15 Peter J. Cuomo 16 Kongsik Kim 17 MINTZ, LEVIN, COHN, FERRIS, GLOVSKY and PEPEO, P.C. 18 jabauer@mintz.com 19 pjcuomo@mintz.com 20 kkim@mintz.com 21 22 Copy with citationCopy as parenthetical citation