WATANABE et al v. OGISO et al - Page 1




                    The opinion in support of the decision being                      
                     entered today is not binding precedent of the Board.             
          Paper 21                                                                    
          Filed by:  Trial Section Merits Panel                                       
          Box Interference                         Filed                              
          Washington, D.C.  20231             18 October 2001                         
          Tel:  703-308-9797                                                          
          Fax:  703-305-0942                                                          
                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                        MASAHARU WATANABE, NORIAKI TOCHIZAWA                          
                          YUKARI IMAMURA and HIDEO KIKUCHI,                           
                                    Junior Party,                                     
                                 (Patent 6,140,007),                                  
                                         v.                                           
                           NAOHITO OGISO, TETSUYA WATANABE                            
                                and TETSUYA YAMADA,                                   
                                    Senior Party                                      
                              (Application 09/269,564).                               
                                   _______________                                    
                          Patent Interference 104,719 (McK)                           
                                   _______________                                    
          Before:  McKELVEY, Senior Administrative Patent Judge , and                 
          SCHAFER and LEE, Administrative Patent Judges.                              

          McKELVEY, Senior Administrative Patent Judge .                              

                         JUDGMENT PURSUANT TO 37 CFR § 1.662                          
               Upon consideration of the WATANABE REQUEST FOR ADVERSE                 
          JUDGMENT (Paper 18), it is                                                  
                    ORDERED that judgment on priority as to Count 1, the              
          sole count in the interference, is awarded against junior party             









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