KOBAYASHI et al. HIROTSU et al. - Page 1




                                       THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                      
                          The opinion in (1) was not written for publication and (2) is not binding precedent of the Board.              
                                                                                                               Paper 12                  
                Filed by: Interference Trial Section Merits Panel                                                                        
                       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                                                                  
                                                          _______________                                                                

                           MAKOTO KOBAYASHI, SEIICHIRO HONJO and NORIHIRO FUJIOKA                                                        
                                                             Junior Party,                                                               
                                                          (Patent 5,522,912),                                                            

                                                                   v.                                                                    

                            TAKASHI HIROTSU, KAZUYOSHI OHTANI and TERUJI NAGAOKA                                                         
                                                             Senior Party,                                                               
                                                      (Application 08/864,923).                                                          
                                                          _______________                                                                

                                                   Patent Interference No. 104,529                                                       
                                                          _______________                                                                


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

                PER CURIUM                                                                                                               

                                         JUDGMENT PURSUANT TO 37 CFR  1.662                                                             

                        Upon consideration of KOBAYASHI DISCLAIMER OF CLAIMS 1-8 AND 13-15 AND                                           
                REQUEST FOR ENTRY OF ADVERSE JUDGMENT  (Paper 11), it is                                                                 









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