REYNOLDS et al. V. Sanada - Page 2




               Interference No. 105,029                                                                                                           
               Sanada v. Reynolds                                                                                                                 
                                                                 Discussion                                                                       
                        On June 18, 2003, junior party Sanada filed a statutory disclaimer under 37 CFR § 1.321                                   
               executed by the assignee of Sanada's involved patent in this interference, Patent No. 6,352,379.                                   
               By that paper, thejunior party has disclaimed all claims 1-31 of Patent No. 6,352,379. The                                         
               original disclaimer document together with an attached request to charge a deposit account will                                    
               be placed in the official file of the junior party's involved patent for appropriate processing and a                              
               copy will be retained in the interference file. Claims 1-31 of Patent No. 6,352,379, are all the                                   
               claims of the junior party's involved patent which correspond to the count.                                                        
                        Also on June 18, 2003, junior party Sanada filed a motion referring to 37 CFR                                             
                § 1.662(a) and the statutory disclaimer of claims 1-3 1, requesting entry of adverse judgment                                     
               against Sanada. Per 37 CFR § 1.662(a), the filing by a party of a written disclaimer of the                                        
               invention defined by a count will be treated as a request for entry of adverse judgment. Because                                   
               of the junior party's reference to 37 CFR § 1.662(a), we will construe the disclaimer filed by the                                 
               junior party as a written disclaimer of the invention defined by the count, in addition to a                                       
               disclaimer of claims 1-31 which correspond to the count.                                                                           
                        The request for entry of adverse judgment is granted.                                                                     
                                                                 Judemen                                                                          
                        It is                                                                                                                     
                        ORDERED that judgment as to the subject matter of Count I is herein entered against                                       
               junior party KAZUO SANADA;                                                                                                         


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