JUDGMENT PURSUANT TO 37 CFR § 1.662
Junior party Uetani and Senior party Hada have filed concessions of priority as to the subject
matter of Count 2, the sole count in this interference. Papers 40 and 41. A concession of priority
is treated as a request for adverse judgment. 37 CFR § 1.662(a). Accordingly , it is
ORDERED that judgment on priority as to the subject matter of Count 2 (Paper 34, p. 2), is
awarded against the junior party, YASUNORI UETANI, HIROAKI FUJISHIMA and YOSHIKO
MIYA, and against senior party, HIDEO HADA, KAZUFUMI SATO and HIROSHI KOMANO;
FURTHER ORDERED that junior party, YASUNORI UETANI, HIROAKI FUJISHIMA
and YOSHIKO MIYA, is not entitled to a patent containing claims 1-3, 5-6 and 9-18 (corresponding
to Count 2) of Application 09/014,915;
FURTHER ORDERED that senior party, HIDEO HADA, KAZUFUMI SATO and
HIROSHI KOMANO, is not entitled to a patent containing claims 1-6 and 8 (corresponding to
Count 2) of Application 09/012,827;
FURTHER ORDERED that a copy of this judgment be made of record in Applications
09/015,287; 09/080,530; 09/014,915 and 09/012,827; and
FURTHER ORDERED that if there is any settlement agreement which has not been filed,
attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.
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______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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______________________________)
CAROL A. SPIEGEL )
Administrative Patent Judge )
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