KATOU et al. V. BELKO - Page 7




          claim 11 and compounds having the formula set out in Katou                  
          claim 19 wherein n is an integer other than 10.                             
                    FURTHER ORDERED that nothing in this JUDGMENT UNDER               
          37 CFR § 1.662(a) should be construed as expressing an opinion              
          on the patentability of claims to compounds having the formula              
          set out in Katou claim 11 and compounds having the formula set              
          out in Katou claim 19 wherein n is an integer other than 10                 
          over either Belko or the prior art reference.                               
                    FURTHER ORDERED that should further prosecution by                
          Katou result in an appeal to the board, Katou shall identify                
          this interference as a related case.                                        



          ______________________________                                              
          FRED E. McKELVEY, Senior      )                                             
          Administrative Patent Judge   )                                             
          )                                                                           
          )                                                                           
          ______________________________)                                             
          RICHARD E. SCHAFER                                ) BOARD OF                
          PATENT                                                                      
          Administrative Patent Judge   )  APPEALS AND                                
          ) INTERFERENCES                                                             
          )                                                                           
          ______________________________)                                             
          JAMESON LEE                                  )                              
          Administrative Patent Judge   )                                             






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