HADA et al. V. HADA et al. V. HADA et al. V. DIETLIKER et al. - Page 1




                                           The opinion in support of the decision being                                  
                                        entered today is not binding precedent of the Board.                             
                                                                                    Paper 32                            
              Filed by: Michael P. Tierney                                                                               
                    Administrative Patent Judge                                                                         
                    Box Interference                                         Filed                                      
              Washington, D.C.  20231                                         September 25, 2002                         
              Tel:  703-308-9797                                                                                         
              Fax:  703-305-0942                                                                                         
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                   _______________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                AND INTERFERENCES                                                        
                                                   _______________                                                       
                            HIDEO HADA, HIROYUKI YAMAZAKI, YOSHIKI SUGETA,                                               
                                      HIROSHI KOMANO, KIYOSHI ISHIKAWA                                                   
                                                    SENIOR Party                                                         
                                    (U.S. Patents 5,902,713, 6,022,666 and 6,063,953)                                    
                                                           v.                                                            
                                        KURT DIETLIKER, MARTIN KUNZ,                                                     
                                      HITOSHI YAMATO, CHRISTOPH DE LEO                                                   
                                                    JUNIOR Party,                                                        
                                             (U.S. Application 09/242,145).                                              
                                                   _______________                                                       
                                             Patent Interference No. 104,759                                             
                                                   _______________                                                       

              Before: MEDLEY, TIERNEY and NAGUMO, Administrative Patent Judges.                                          
              TIERNEY, Administrative Patent Judge.                                                                      
                                                 FINAL JUDGMENT                                                          
                     As discussed in the Decision on Preliminary Motions, Hada has been accorded a priority              
              benefit date of December 20, 1995 whereas Dietliker has been accorded a date of September 2,               
              1996 based on its Swiss CH 2147/96 application.  Having determined the accorded priority                   
              benefit dates of the parties, Dietliker was placed under an Order to Show Cause why judgment               






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