SCHULTE-ELTE et al. V. OHMOTO et al. - 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                        publication in a law journal and (2) is not binding precedent of the Board.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 59                                                     
                Filed by: Interference 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                                                                  
                                                          _______________                                                                

                   KARL-HEINRICH SCHULTE-ELTE, CHRISTIAN MARGOT, CHRISTIAN CHAPUIS,                                                      
                                          DANA P. SIMMONS and DANIEL REICHLIN                                                            

                                                             Junior Party,                                                               

                                                                   v.                                                                    

                           TATSUYA OHMOTO, AKEMI SHIMADA and TAKESHI YAMAMOTO,                                                           

                                                             Senior Party.                                                               
                                                          _______________                                                                

                                                   Patent Interference No. 104,088                                                       
                                                          _______________                                                                

                Before: McKELVEY, Senior Administrative Patent Judge, SCHAFER and  LEE, Administrative Patent                            
                Judges.                                                                                                                  

                PER CURIUM                                                                                                               

                                         JUDGMENT PURSUANT TO 37 CFR § 1.662                                                             

                        Upon consideration of SCHULTE-ELTE ET AL. REQUEST FOR ADVERSE  JUDGMENT                                          
                UNDER 37 C.F.R. § 1.662  (Paper 58), it is                                                                               






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