ORDERED that judgment on priority as to Count 1 (Paper 1, p.15), the sole count in the
interference, is awarded against the junior party KARL-HEINRICH SCHULTE-ELTE, CHRISTIAN
MARGOT, CHRISTIAN CHAPUIS, DANA P. SIMMONS and DANIEL REICHLIN.
FURTHER ORDERED that, judgment on priority as to Count 1 is awarded in favor of senior
party TATSUYA OHMOTO, AKEMI SHIMADA and TAKESHI YAMAMOTO.
FURTHER ORDERED that junior party KARL-HEINRICH SCHULTE-ELTE, CHRISTIAN
MARGOT, CHRISTIAN CHAPUIS, DANA P. SIMMONS and DANIEL REICHLIN is not entitled
to a patent containing claims 24-29, 33 and 35 (corresponding to Count 1) of application 08/218,543,1
filed March 28, 1994.
FURTHER ORDERED that on the record before the Board of Patent Appeals and Interferences,
senior party TATSUYA OHMOTO, AKEMI SHIMADA and TAKESHI YAMAMOTO is entitled to
a patent containing claims 1-9 (corresponding to Count 1) of Patent 5,250,512 granted October 5, 1993,
based on application 07/879,738, filed May 6, 1992.
1
Schulte-Elte’s request states:
The Party Schulte-Elte et al. hereby requests and agrees to an entry of adverse judgment as
to the invention defined by Count 1, corresponding to claims 20-29, 33 and 35 of Schulte-Elte
et al.’s involved Patent Application Serial No. 07/695,479.
However, only claims 24-29, 33 and 35 are designated as corresponding to the count. Notice Declaring Interference
(Paper 1), p. 15. Since only the claims corresponding to the count are involved in the interference (37 CFR § 1.601(f)),
only claims 24-29, 33 and 35 have been referred to in the judgment.
2
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