ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p.5), is
awarded against the junior party, HIROSHI KANNO;
FURTHER ORDERED that junior party, HIROSHI KANNO, is not entitled to a patent
containing claims 1, 3, 5, 9 and 11 (corresponding to Count 1) of U.S. Patent 5,998,005;
FURTHER ORDERED that if there be a settlement agreement that the parties are advised
of the requirement to file a copy of the agreement (35 U.S.C. § 135(c); and
FURTHER ORDERED that a copy of this judgment be made of record in Application
09/576,425 and in the file history of Patent 5,998,005.
___________________________________ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
__________________________________ ) BOARD OF PATENT
JAMESON LEE )
Administrative Patent Judge ) APPEALS AND
)
__________________________________ ) INTERFERENCES
SALLY GARDNER-LANE )
Administrative Patent Judge )
cc (via Fax and Federal Express):
Attorney for Kanno: Attorney for Flynn :
Robert G. Weilacher, Esq. R. Danny Huntington
SMITH, GAMBRELL & RUSSELL, LLP BURNS, DOANE, SWECKER
1850 M Street, N.W., Suite 800 & MATHIS, LLP
Washington, DC 20036 1737 King Street, Suite 500
Alexandria, VA 22314-2756
Fax: 202-659-2811
Fax: 703-836-2021
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