Bandman et al v. Kato et al - Page 1




                                                 The opinion in support of the decision being                                            
                                             entered today is not binding precedent of the Board.                                        
                                                                                               Paper 19                                 
                Filed by:  Trial Section Motions Panel                                                                                   
                       Box Interference                                                        Filed: April 10, 2003                    
                Washington, D.C.  20231                                                                                                  
                Tel:  703-308-9797                                                                                                       
                Fax:  703-305-0942                                                                                                       
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                
                                                OLGA BANDMAN, SURYA GOLI                                                                 
                                                        AND LYNN MURRY                                                                   
                                                             Junior Party                                                                
                                                     (U.S. Patent No. 5,958,699),                                                        
                                                                   v.                                                                    
                                            SEISHI KATO, TOMOKO YAMAGUCHI,                                                               
                                            SHINGO SEKINE AND KOUJU KAMATA                                                               
                                                             Senior Party,                                                               
                                             (U.S. Patent Application No. 09/671,483).                                                   
                                                          _______________                                                                
                                               Patent Interference No. 105,045 (MPT)                                                     
                                                          _______________                                                                
                Before: LEE, SPIEGEL and TIERNEY, Administrative Patent Judges.                                                          
                TIERNEY, Administrative Patent Judge.                                                                                    
                                                        FINAL JUDGMENT                                                                   
                        Bandman has filed a request for entry of judgment in favor of Senior Party Kato.                                 
                (Bandman Request for Entry of Adverse Judgment, Paper No. 17).  As Bandman has requested                                 
                adverse judgment, judgment on priority as to Counts 1 and 2 is entered against Bandman.  37                              
                C.F.R. §1.662.                                                                                                           







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