HONG V. STORM - Page 2




          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                

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