HOSHINO et al V. TANAKA - Page 33




                 Interference No. 103,208                                                                                                               
                 Hoshino et al. v. Tanaka                                                                                                               

                 date of Tanaka’s first Japanese priority application, when                                                                             
                 Tanaka filed the second Japanese priority application (61-                                                                             
                 058453), that Tanaka recognized the need for considering the                                                                           
                 sign of the                                                                                                                            




                 defocus amount in calculating the corrected conversion                                                                                 
                 coefficient.5                                                                                                                          
                          Hoshino also states (Br. at 39) that until the filing of                                                                      
                 Tanaka’s involved United States application, Tanaka, "an                                                                               
                 expert in designing autofocus cameras," did not even mention                                                                           
                 [in the two Japanese priority applications] a formula                                                                                  
                 including a first order term of the defocus amount for                                                                                 
                 calculating the corrected conversion coefficient.                                                                                      
                          Hoshino’s line of argument based on what Tanaka did or                                                                        
                 did not describe in the first and/or second Japanese priority                                                                          
                 application was not presented in Hoshino’s original Motion H2                                                                          
                 (Paper No. 14).  Thus, the APJ could not have erred or abused                                                                          


                          5Tanaka’s first Japanese priority application 60-219521                                                                       
                 has a filing date of October 2, 1985.  Tanaka’s second                                                                                 
                 Japanese priority application 61-058453 has a filing date of                                                                           
                 March 17, 1986.                                                                                                                        
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