Kroczek v Tamatani et al. - Page 1




                                                                                                                        Paper 144                   
                 Filed by: Inteference Trial Section                                                                                                
                 Merits Panel                                                          Entered: June 21, 2005                                       
                 Mail Stop Interference                                                                                                             
                 P.O. Box 1450                                                                                                                      
                 Alexandria Va 22313-1450                                                                                                           
                 Tel:  571-272-9797                                                                                                                 
                 Fax: 571-273-0042                                                                                                                  
                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                     
                                                         _______________________                                                                    
                             BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                                   
                                                        _______________________                                                                     
                                                           RICHARD KROCZEK                                                                          
                                                                  Junior Party                                                                      
                                        (Applications 09/509,283, 09/823,307, and 09/972,524),                                                      
                                                                        v.                                                                          
                                         TAKUYA TAMATANI and KATSUNARI TEZUKA                                                                       
                                                                  Senior Party                                                                      
                                        (Applications 09/383,551, 09/561,308, and 10/301,056).                                                      
                                                         _______________________                                                                    
                                                       Patent Interference No. 105,168                                                              
                                                         _______________________                                                                    

                                                        JUDGMENT - Bd.R. 127(b)                                                                     
                 Before, SCHAFER, TORCZON, and NAGUMO, Administrative Patent Judges.1                                                               
                 SCHAFER, Administrative Patent Judge.                                                                                              
                          Tamatani has filed a paper abandoning the contest as to the subject matter of Count 2.  Paper                             
                 141.  Kroczek has filed a paper abandoning the contest as to the subject matter of Count 3. Paper                                  
                 143.  The abandonment of the contest is construed to be a request for entry of an adverse judgment.                                
                 37 CFR § 41.127(b)(4).  Accordingly, it is                                                                                         



                          1                                                                                                                         
                                  As part of Board efforts under the Government Paperwork Elimination Act, signatures on papers                     
                 originating from the Board are being phased out in favor of a completely electronic record.  Consequently, subsequent              
                 papers in this case originating at the Board will not have signatures.  The signature requirements for the parties have not        
                 changed.  See, e.g., 37 C.F.R. § 10.18.                                                                                            





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