AOKI V. NAKAYAMA - Page 1




                                                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                                                                          
                           The opinion in support of the decision being entered today (1) was not written                                                                                                                               
                           for publication in a law journal and (2) is not binding precedent of the Board.                                                                                                                              
                                                                                                                                                                                 Paper No. 16                                           
                           Filed by: Trial Section Merits Panel                                                                                                                                                                         
                           Box Interference                                                                                                                                                                                             
                           Washington, D.C.  20231                                                                                                                                                                                      
                           Tel:  703-308-9797                                                                                                                                                                                           
                           Fax:  703-305-0942                                                                                                                                                                                           
                                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                                                   
                                                                                               _______________                                                                                                                          
                                                                     BEFORE THE BOARD OF PATENT APPEALS                                                                                                                                 
                                                                                            AND INTERFERENCES                                                                                                                           
                                                                                               _______________                                                                                                                          
                                                                                                MASAYUKI AOKI,                                                                                                                          
                                                                                                  Junior Party,                                                                                                                         
                                                                                     (Patent No. 5,659,426)1                                                                                                                            
                                                                                                                 v.                                                                                                                     
                                                                                              HIROKI NAKAYAMA,                                                                                                                          
                                                                                                  Senior Party.                                                                                                                         
                                                                                  (Application 09/121,093)2                                                                                                                             
                                                                                               _______________                                                                                                                          
                                                                         Patent Interference No. 104,419                                                                                                                                
                                                                                               _______________                                                                                                                          
                           Before McKELVEY, Senior Administrative Patent Judge, LEE and                                                                                                                                                 
                           TORCZON, Administrative Patent Judges.                                                                                                                                                                       


                                        1        Issued from application 08/609,563, filed March 1, 1996.                                                                                                                               
                           Accorded the benefit of Japanese application 7-100580, filed                                                                                                                                                 
                           March 31, 1995.  Assigned to Nikon Corporation.                                                                                                                                                              
                                        2 Filed July 23, 1998.  Accorded the benefit of application                                                                                                                                     
                           08/485,136, filed June 7, 1995, now Patent No. 5,847,882, issued                                                                                                                                             
                           December 8, 1998; Japanese application 7-016452, filed January                                                                                                                                               
                           6, 1995; Japanese application 6-141499, filed June 23, 1994.                                                                                                                                                 
                           Assigned to Canon Kabushiki Kaisha.                                                                                                                                                                          





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