Interference No. 105,010
Page No. 2
During the conference call, counsel for O'Brien requested adverse judgment as to Counts
D and E, the counts in interference, as well as all claims corresponding to Counts D and E. As
O'Brien has requested adverse judgment, judgment on priority is entered against O'Brien. 37
C.F.R. § 1.662. Additionally, both parties agreed that this decision on priority rendered moot
Watanabe Preliminary Motion 6, which requested an earlier accorded benefit date.
Upon consideration of the record, it is:
ORDER-ED that judgment on priority as to Counts D and E (Decision on Expedited
Motions, Paper No. 46), the sole counts in the interference, is awarded against O'Brien.
FURTHER ORDERED that O'Brien is not entitled to a patent containing claims 1- 13
of O'Brien U.S. Patent 5,756,545 as these claims correspond to Count D
FURTHER ORDERED that O'Brien is not entitled to a patent containing claims 14-18
of O'Brien U.S. Patent 5,756,545 as these claims correspond to Count E.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of O'Brien U.S. Patent 5,756,545 and Watanabe, U.S. Application
09/120,383.
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Last modified: November 3, 2007