Ex Parte JOHNSON - Page 2




                Interference No. 104,315                                                                                                                 
                Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.                                                                                           


                Before SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                                                           
                LEE, Administrative Patent Judg                                                                                                          
                                                                    Introduction                                                                         
                          This is a decision on the issue of priority. As will be explained below, junior party Sauer                                    
                has failed to demonstrate priority of invention. On even date herewith, and in a separate paper,                                         
                we are granting Sauer's preliminary motion 20 for judgment under 35 U.S.C. § 102(f) against the                                          
                sole claim, claim 11, of senior party Kanzaki corresponding to the count. Entry of judgment                                              
                against both parties is now appropriate.                                                                                                 
                                                                 Findings of Fac                                                                         
                          I . Eight related interferences, including this one, were declared on February 16, 2000,                                       
                Interference Nos. 104,311 through 104,316 and 104,496 and 104,497.                                                                       
                          2. The same Kanzaki application 08/818,964, is involved in each of the eight related                                           
                interferences.                                                                                                                           
                          3. The involved Kanzaki application contains eight essentially copied claims 7-14, one                                         
                from each of eight different issued patents of junior party Sauer.                                                                       
                          4. Each of Sauer's eight different patents is involved in a separate interference with the                                     
                same Kanzaki application.                                                                                                                






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