DANBY et al. V. YAMAZAKI - Page 3




                          FURTHER ORDERED that, on the record before the Board of Patent Appeals and Interferences,                                     
                 senior party SHUNPEI YAMAZAKI is entitled to a patent containing claims 1, 2, 4-17, 20-27, 29 and                                      
                 50-78 (corresponding to Count 1) of Application 07/172,222, filed March 23, 1988;                                                      
                          FURTHER ORDERED that junior party GORDON T. DANBY, CHARLES E. BRUKL and                                                       
                 LAWRENCE A. MINKOFF is not entitled to a patent containing claims 1-14 (corresponding to Count                                         
                 1) of U.S. Patent 4,975,411, granted December 4, 1990, based on application 07/052,582, filed May 19,                                  
                 1987;                                                                                                                                  
                          FURTHER ORDERED that if there is a settlement agreement and it has not already been filed,                                    
                 attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661; and                                                                    
                          FURTHER ORDERED that a copy of this decision be given an appropriate paper number and                                         
                 entered into the file records of U.S. Patent 4,975,411and Application 07/172,222.                                                      



                          ______________________________                                                                                                
                                            RICHARD E. SCHAFER      )                                                                                   
                                            Administrative Patent Judge                  )                                                              
                                                                                         )                                                              
                                                                                         )                                                              
                                            ______________________________) BOARD OF                                                                    
                                            JAMESON LEE                                  )        PATENT                                                
                                            Administrative Patent Judge                  )        APPEALS AND                                           
                                                                                         )        INTERFERENCES                                         
                                                                                         )                                                              
                                            ______________________________)                                                                             
                                            RICHARD TORCZON                              )                                                              
                                            Administrative Patent Judge                  )                                                              










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