SUGIYAMA et al. V. ZARIAN et al. - Page 1





                                             The opinion in support of the decision being                                       
                                          entered today is not binding precedent of the Board.                                  
                                                                                         Paper 42                               
              Filed by: Trial Section Motions Panel                                                                             
                       Box Interference Filed: November 7, 2002                                                                 
                       Washington, D.C. 20231                                                                                   
                       Tel: 703-308-9797                                                                                        
                       Fax: 703-305-0942                                                                                        
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                       

                                      BEFORE THE BOARD OF PATENT APPI ýALSFAXED                                                 
                                                  AND INTERFERENCES NOV - 7 2002                                                
                                                                                       PAT. & T.M. OFFICE                       
                                           JAMES R. ZARIAN, SCOTT D. DILI BOARD OF                                              
                                                                                      AND INTERFERENCES                         
                                                        Junior Party                                                            
                                                  (Application 09/007,402),                                                     
                                                              V.                                                                
                         HIDEO SUGIYAMA, MASATO SUGIMACHI, MASATO YOSHIKAWA,                                                    
                                       MINORU ISHIHARADA, ITSUO TANUMA,                                                         
                                          KAZUO NAITO and ATSUSHI HOTTA                                                         
                                                        Senior Party,                                                           
                                                     (Patent 5,684,913).                                                        

                                               Patent Interference No. 104,704                                                  

              Before: SCHAFER, TORCZON and TIERNEY, Administrative Patent Judges.                                               
              TIERNEY, Administrative Patent Judge.                                                                             
                                                   FINAL JUDGMENT                                                               
                      Junior party Zarian has requested entry of adverse judgment and concedes that senior                      
              party Sugiyama is the prior inventor of the subject matter of Count 1, the sole count in                          
              interference. (Zarian Request for Adverse Judgment, Paper No. 40). Upon consideration of the                      
              record, it is:                                                                                                    








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