MURAKAWA et al. V. WANG et al. V. WANG et al. - Page 2





                 Interference No. 105,055 Paper48                                                                                              
                 Wang v. Murakawa Page 2                                                                                                       
                 exist between all the pending claims in Murakawa's application, i.e., Murakawa claims                                         
                 34-35, 38-39, 42-44 and 46-47, and various claims of the Wang patents (Paper 1). All                                          
                 of Murakawa's claims were held to be barred under 35 U.S.C. § 135(b) by the 1993                                              
                 Wang U.S. Patent 5,219,727 (Paper 36). Murakawa was given the opportunity to cure                                             
                 its § 135(b) problem by filing a motion to add one (1) claim that interferes with the                                         
                 claimed subject matter of Wang patents 5,219,727 and 5,476,774 and is not time                                                
                 barred by § 135(b) (Paper 37). Murakawa filed Murakawa Preliminary Motion I (Paper                                            
                 38) to add proposed claim 50. We have denied this motion (Paper 47). Thus, the only                                           
                 pending claims in Murakawa's involved application, i.e., Murakawa claims 34-35, 38-39,                                        
                 42-44 and 46-47, are unpatentable under § 135(b)(1). Section 135(b) was enacted to                                            
                 be "a statute of repose ...       a statute of limitations, so to speak, on interferences so that                             
                 the patentee might be more secure in his property right." Corbett v. Chisholm, 568 F.2d                                       
                 759, 765, 196 USPQ 337, 342 (CCPA 1977). See also, In re McGrew, 120 F.3d 1236,                                               
                 1238, 43 USPQ2d 1632, 1635 (Fed. Cir. 1997) (Noting that § 135(b) acts as a statute of                                        
                 limitation or repose); Berman v. Housey, 291 F.3d 1345, 1348, 63 USPQ2d 1023, 1027                                            
                 (Fed. Cir. 2002) ("Both the plain language of that provision and the relevant legislative                                     
                 history make clear that it [§ 135(b)] was intended to be a statute of repose, limiting the                                    
                 time during which an interference may be declared 'so that the patentee might be more                                         
                 secure in his property right"', citing Corbett, 568 F.2d at 765, 196 USPQ at 342.)                                            
                 Continuation of this interference under the circumstances of this case would be contrary                                      
                 to the purpose of § 135(b) to act as a statute of limitation or repose. We, therefore,                                        
                 enter judgment against Murakawa.                                                                                              







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