YAMADA et al. - Page 1





                              The opinion in support of the decision being                            
                           entered today is not binding precedent of the Board.                       
                                                                            Paper 40                  
            Filed by: Trial Section Merits Panel                                                      
                      Administrative Patent Judge                                                     
                      Box Interference Filed                                                          
                      Washington, D.C. 20231 7 January 2002                                           
                      Tel: 703-308-9797                                                               
                      Fax: 703-305-0942                                                               
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                  

                               BEFORE THE BOARD OF PATENT APPEALS                                     
                                         AND INTERFERENCES                   NIALED                   

                                            WEN-FOO CHERN JAN 7 - 2002                                
                                             Junior Party PAT. & T.M. OFFICE                          
                                         (Patent 5,182,529), BOARD OF PATENT APPEALS                  
                                                                           AND INTERFERENCES          
                                                   V.                                                 
                               HITOSHI YAMADA, TAMIHIRO ISHIMURA,                                     
                                         and YOSHIO OHTSUKI                                           
                                             Senior Party                                             
                                     (Application 07/986,571).                                        

                                 Patent Interference No. 104,624                                      

            Before McKELVEY, Senior Administrative Patent Judge, and LEE and                          
            MEDLEY, Administrative Patent Judges.                                                     
            MEDLEY, Administrative Patent judae.                                                      
                     FINAL DECISION AND JUDGMENT UNDER 37 CFR 15 1.658(a)                             

                  A. Introduction                                                                     

                  This interference was declared on September 11, 2000. The                           
            parties agreed to proceed directly to the priority phase of the                           
            interference. Chern filed a principal brief alleging a prior                              









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