MITSUYA et al. V. MIMOTO et al. - Page 2




          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                









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