Interference No.
JUDGMENT
Okamoto et al., the senior party, failed to make any
showing why judgment on the record should not be entered
against them in view of the granting of a preliminary motion
for judgment against them, and the time allowed for such
showing has expired.
Accordingly, pursuant to the order of June 29, 1998,
judgment under 37 CFR § 1.640(d)(1) and (e) as to the subject
matter of the counts in issue is awarded to Kiyoshi Nashimoto,
the junior party. On the present record, Kiyoshi Nashimoto,
the junior party, is entitled to a patent containing claims 1
and 5 to 10 corresponding to the counts and Akira Okamoto,
Shigeru Kobayashi, Hideaki Shimamura, Susumu Tsuzuku, Eisuke
Nishitani, Satosi Kisimoto and Yuji Yoneoka, the senior party,
are not entitled to a patent containing claims 47 and 48
corresponding to the counts.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
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MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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