Interference No. 104,320
Yamada v. Primo (Count 1)
Primo v. Yamada (Count 2)
For these claims [which correspond to both counts 1
and 2], the prevailing party on priority with
respect to count 2 would prevail, unless the
opposing party prevails with respect to count 1.
As to count 1, party Yamada has conceded priority to
party Primo. (Paper No. 30). Under 37 CFR § 1.662(a), the
concession of priority is treated as a request for entry of
adverse judgment. The request is granted.
As to count 2, party Primo has conceded priority to party
Yamada. (Paper No. 29). Under 37 CFR § 1.662(a), the
concession of priority is treated as a request for entry of
adverse judgment. The request is granted.
Although Yamada is the prevailing party with respect to
count 2, Yamada is not entitled to those Yamada claims which
correspond to both counts 1 and 2, and Primo is entitled to
those Primo claims which correspond to both counts 1 and 2,
because party Primo has prevailed with respect to count 1.
Judgment as to the subject matter of count 1 is hereby
awarded to party Primo. Accordingly, Sadami Yamada, Nobuyoshi
Nakajima, Masaaki Ohtsuka, and Shuji Kuhara are not entitled
to their claims 1, 2 and 3 of Patent No. 5,237,358, which
correspond to count 1. On this record, Henri A. Primo and
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