FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party Frank Kuber,
Bernd Bachmann, Walter Spaleck, Andreas Winter and Jurgen
Rohrmann is entitled to a patent containing claims 6-11 and
13-24 (corresponding to Count 1) of Application 09/001,152,
filed 30 December 1997.
FURTHER ORDERED that junior party Junichi Imuta,
Junji Saito and Takashi Ueda is not entitled to a patent
containing claims 1-22 (corresponding to Count 1) of U.S.
Patent 5,616,663, granted 1 April 1997, based on application
08/338,810, filed 10 November 1994.
FURTHER ORDERED that if there is a settlement
agreement, attention is directed to 35 U.S.C. § 135(c) and
37 CFR § 1.661.
______________________________
FRED E. McKELVEY, Senior )
Administrative Patent Judge )
)
)
______________________________)
JAMESON LEE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
RICHARD TORCZON )
Administrative Patent Judge )
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