Interference No. 104,723
Osuka v. Moorman
LEE, Administrative Patent Judge.
JUDGMENT
On October 12, 2001, junior party Osuka filed a paper
(Paper No. 17) entitled “Osuka Motion for Adverse Judgment,”
in which it stated:
The party Osuka, Noboru Ishikawa, Michiaki
Adachi, Terufumi Hamano, Youichi Kimura and Hiroshi
Hanagasaki (the “Party Osuka”) hereby motions for
adverse judgment. In requesting such, it is noted
that the claimed invention of this interference is
not practiced by Max Company Co., Ltd., the assignee
of USPN 5,772,096 to the Party Osuka.
In a telephone conference call on the morning of October 15,
2001, and in response to an inquiry from the administrative
patent judge, party Osuka clarified that the last sentence of
the above-quoted text is not meant as any condition or
contingency for the junior party’s request for entry of
adverse judgment. In other words, the request does not depend
on anyone’s agreement with Osuka’s characterization of whether
its assignee is now practicing the invention claimed in Patent
No. 5,772,096.
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