Upon consideration of SAKAKIBARA ET AL’S REQUEST FOR ENTRY OF ADVERSE
JUDGMENT (Paper 41), it is
ORDERED that judgment on priority as to Count 1 (Paper 1, p. 14), the sole count in the
interference, is awarded against the senior party KYOICHI SAKAKIBARA, MASAAKI GONDO and
KOICHI MIYAZAKI.
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of junior party
GEORGE R. PETTIT and JOZSEF BARKOCZY.
FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,
senior party KYOICHI SAKAKIBARA, MASAAKI GONDO and KOICHI MIYAZAKI is not entitled
to a patent containing claims 1, 5-6 and 8 (corresponding to Count 1) of application 08/190,194, filed
February 9, 1994.
FURTHER ORDERED that on the record before the Board of Patent Appeals and Interferences,
junior party GEORGE R. PETTIT and JOZSEF BARKOCZY is entitled to a patent containing claims 1,
6-12 and 14-23 (corresponding to Count 1) of application 07/985,831, filed December 3, 1992.
FURTHER ORDERED that a copy of this decision be made of record in applications 08/190,194
and 07/985,831.
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF PATENT
JAMESON LEE ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
______________________________)
RICHARD TORCZON )
Administrative Patent Judge )
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