Interference No. 103,636 FINAL DECISION On September 24, 1996, the party Storm filed a preliminary motion under 37 CFR § 1.633(a) for judgment that the sole corresponding claim of the party Hong is unpatentable to Hong under 35 U.S.C. §§ 102(a) and 102(b) as being anticipated by Japanese Kokai No. 2-250,055 to Sugimoto (Paper No. 8). On October 9, 1996, the party Hong filed an opposition to the motion of Storm consisting of the sole argument that the motion should be denied because "Neither the translation nor the purported Kokai have been authenticated..." (Paper No. 11). In its reply, Storm indicated that it considers Hong's objection unfounded but, at the same time, filed a certified copy of the Japanese Kokai and a Verification of Translation. (Paper No. 13). On February 7, 1997, the Administrative Patent Judge (APJ) issued a Decision on Preliminary Motions (Paper No. 15). In that decision Storm's motion for judgment under 37 CFR § 1.633(a) was granted (item I.) and a motion of Storm to redefine this proceeding was dismissed as moot (item II.). In item I., the APJ indicated that (1) Hong's objection to the motion was overcome by Storm's filing of a certified copy of 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007