Interference No. 104,758
Page 2
I . Michael P. Tierney, Administrative Patent Judge ("APJ").
2. David R. Crichton, counsel for Junior Party Dietliker.
3. Matthew Jacob, counsel for Senior Party Oomori.
During the conference call the Junior Party Dietliker indicated that it was abandoning the
contest. We note that Oomori has filed a motion under 37 CFR § 1.633(f) (Paper No. 18)
requesting benefit of its Japanese priority applications 8-195 100, filed July 24, 1996 and 9
011580, filed January 24, 1997. In light of Dietliker's abandoment of the contest, this motion is
moot.
It is:
ORDERED that judgment on priority to Count I (Notice Declaring Interference, Paper
No. 1, page 6), the sole count in the interference, is awarded against Junior Party Dietliker.
FURTHER ORDERED that Junior Party Dietliker is not entitled to a patent containing
claims 1-4, 7-14, 19 and 22-23 of Dietliker, U.S. Application No. 09/242,145.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the files of Oomori, U.S. Patents 5,976,760 and 6,245,930 and Dictliker, U.S.
Application No. 09/242,145.
FURTHER -ORDERED that Oomori's motion under 37 CFR 1.633(f) (Paper No. 18) is
moot.
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