failed to demonstrate that we misapprehended or overlooked any fact or argument first presented
prior to the filing of the request for reconsideration. Accordingly, Yamagami’s request for
reconsideration is granted-in-part.
Since Yamagami is a junior party who has failed to overcome the effective filing date of
the senior party Harari, judgment is entered against Yamagami.
Upon consideration of the record, it is
ORDERED that Yamagami’s request for reconsideration is granted-in-part;
FURTHER ORDERED that judgment as to Count 1 (Paper 1 at 5), the sole count in the
interference, is awarded against junior party HAJIME YAMAGAMI, KOUICHI TERADA,
YOSHIHIRO HAYASHI, TAKASHI TSUNEHIRO, KUNIHIRO KATAYAMA, KENICHI
KHAKI, and TAKESHI FURUNO;
FURTHER ORDERED that junior party HAJIME YAMAGAMI, KOUICHI
TERADA, YOSHIHIRO HAYASHI, TAKASHI TSUNEHIRO, KUNIHIRO KATAYAMA,
KENICHI KHAKI, and TAKESHI FURUNO is not entitled to a patent containing claims 9 and
14 (corresponding to Count 1) of patent 5,644,539;
FURTHER ORDERED that a copy of this paper shall be made of record in files
application 09/103,056 and U.S. Patent 5,644,539;
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135 (c) and 37 CFR § 1.661.
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