Interference No. 103,224
The Hashimoto patent contains additional claims 16-17 which have been designated as not
corresponding to the count and, therefore, are not before us for consideration.
A combined Decision on Motions and Order to Show Cause (Paper No. 30) was rendered
on July 6, 1995. In that decision, the Administrative Patent Judge (APJ) found that all
claims corresponding to the count are unpatentable under 35 U.S.C. § 102 or 35 U.S.C. §
103 based upon the disclosure in Japanese Patent Publication 50-50182 (Japan 50182),
published on May 6, 1975.
Counsel for each party at final hearing acknowledged that neither party disputes the
finding of unpatentability with respect to any claims corresponding to the count.
Accordingly, the sole issue presented for our consideration is whether the APJ properly
denied Hashimoto's motion (motion 1) to designate Hashimoto claims 1-8 as not
corresponding to the count. A related issue to be decided is whether the first Hashimoto
Declaration, filed with Hashimoto's reply to Skutnik's opposition to motion 1, and the
second Hashimoto Declaration, filed with Hashimoto's response to Paper No. 30, were
properly denied consideration by the APJ.
Neither party has briefed any other issues raised during the preliminary motion
phase of this interference. Accordingly,
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007