PETTIT et al. V. SAKAKIBARA et al. - Page 2




                          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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