Interference No. 104,153 Paper No. 162
Mitsuya v. Mimoto Page 2
substitute count 2 for count 1)). Hence, there is no count
other than count 2 to contest. Pursuant to 37 CFR § 1.662(a),
Mitsuya's abandonment is treated as a request for adverse
judgment.
ORDER
Upon consideration of the record of this interference, it
is—
ORDERED that judgment on priority as to Count 2 is
awarded against junior party Mitsuya;
FURTHER ORDERED that junior party Mitsuya is not entitled
to a patent containing claims 1-3, 5, 6, 8-12, and 14-17 of
Mitsuya's involved 08/093,100 application, which correspond to
count 2;
FURTHER ORDERED that, based on the record before us,
senior party Mimoto is entitled to a patent containing claims
19-21, 24-28, 31-36, 39-41, 44, and 45 of Mimoto's 08/246,843
application and claims 1-3, 6, 7, 15, 16, 18-20, and 22-25 of
Mimoto's 08/378,057 application, which correspond to count 2;
and
FURTHER ORDERED that a copy of this decision be given a
paper number and be entered in the administrative records of
Page: Previous 1 2 3 4 Next
Last modified: November 3, 2007