Interference No. 104,786
Page No. 2
Junior Party Takechi has conceded priority to Senior Party Suwa with respect to all
pending Takechi's claims. (Takechi Concession of Priority, Paper No. 23). While Takechi does
not specifically state that it concedes priority as to Count 1, Takechi has abandoned all of
Takechi's corresponding claims, i.e., Takechi claims 1, 3-6 and 8-1 L' As Takechi has conceded
priority as to all of Takechi's corresponding claims, Takechi has effectively abandoned the
contest as to Count 1. Upon consideration of the record, it is:
ORDERED that judgment on priority as to Count I (Notice Declaring Interference,
Paper No. 1, p. 5), the sole count in the interference, is awarded against Junior Party Takechi.
FURTHER ORDERED that priority of invention as to the subject matter of Takechi
claims 1, 3-6, 8-11 and 14 is awarded against Junior Party Takechi.
FURTHER ORDERED that Junior Party Takechi is not entitled to a patent containing
claims 1, 3-6, 8-11 and 14 of Takechi, U.S. Application No. 08/800,227.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Takechi, U.S. Application No. 08/800,227 and Suwa et al., U.S.
Application No. 08/797,620.
'At the time the interference was declared, all of Takechi's pending claims, i.e., claims 1,
3-6 and 8-11, corresponded to Count 1. (Notice Declaring Interference, Paper No. 1, p. 5).
Takechi claim 14 was added in a Revised Proposed Amendment filed October 24, 2002. This
amendment was entered per the Final Judgment (Paper No. 29) in Interference No. 104,785.
Whether or not Takechi claim 14 corresponds to Count 1 of the present interference is moot in
light of Takechi's concession of priority.
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Last modified: November 3, 2007