SAITOH et al. V. IWASA et al. - Page 2




                        Junior party Saitoh has filed a paper (Paper 7) expressly abandoning its involved Application                    
                08/886,211.  Pursuant to 37 CFR  1.662(a), the abandonment of an involved application is treated as                     
                a request for entry of an adverse judgment.  Accordingly , it is                                                         
                        ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p. 32), is                       
                awarded against the junior party TERUO SAITOH, HIDEYUKI ITOU, MAYUMI GABE and                                            
                CHIHIRO FUNAKOSHI;                                                                                                       
                        FURTHER ORDERED that junior party, TERUO SAITOH, HIDEYUKI ITOU, MAYUMI                                           
                GABE and CHIHIRO FUNAKOSHI, is not entitled to a patent containing claims 1-14 (corresponding                            
                to Count 1) of Application 08/886,211;                                                                                   
                        FURTHER ORDERED that a copy of this judgment be made of record in Application 08/886,211                         
                and in the file of Patent 5,994,025; and                                                                                 
                        FURTHER ORDERED that if there is a settlement agreement, attention is directed to 35 U.S.C.                      
                 135(c) and 37 CFR  1.661.                                                                                             



                                                                                )                                                        
                                        ______________________________)                                                                  
                                        RICHARD E. SCHAFER                      )                                                        
                                        Administrative Patent Judge             )                                                        
                                                                                )                                                        
                                                                                )                                                        
                ______________________________) BOARD OF PATENT                                                                          
                                        JAMESON LEE                             )       APPEALS AND                                      
                                        Administrative Patent Judge             )       INTERFERENCES                                    
                                                                                )                                                        
                                                                                )                                                        
                                        ______________________________)                                                                  
                                        SALLY GARDNER-LANE                      )                                                        
                                        Administrative Patent Judge             )                                                        





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