Yamada has filed an additional preliminary motion requesting the benefit of the March 13,
1987, filing date of Japanese Application 56856/87. Paper 36. No opposition has been filed, and,
since Yurek has stated no further papers would be filed, the motion stands unopposed. Since
Yamada’s motion for benefit will not have any impact on the outcome of this interference, we
decline to decide Yamada’s preliminary motion.
Accordingly, it is
ORDERED that judgment on priority as to Count 1, the sole count in this interference, is
awarded against junior party GREGORY J. YUREK and JOHN B. VANDERSANDE;
FURTHER ORDERED that junior party GREGORY J. YUREK and JOHN B.
VANDERSANDE, is not entitled to a patent containing claims 1-12 (corresponding to Count 1) of
U.S. Patent 5,189,009;
FURTHER ORDERED that if there is a settlement agreement and it has not already been
filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661; and
FURTHER ORDERED that a copy of this decision be given an appropriate paper number
and entered into the file records of U.S. Patent 5,189,009 and Application 08/320,785.
______________________________)
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
)
______________________________) BOARD OF
RICHARD TORCZON ) PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
SALLY MEDLEY )
Administrative Patent Judge )
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