FLEMING et al. V. BEALL et al. - Page 1




                                                                                                                             Paper 32                     
                  Trial Section Merits Panel                                                       Filed:   October 14, 2005                              
                  Mail Stop Interference                                                                                                                  
                  P.O. Box 1450                                                                                                                           
                  Alexandria Va 22313-1450                                                                                                                
                  Tel: 571-272-9797                                                                                                                       
                  Fax: 571-273-0042                                                                                                                       
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                         
                                                                 _______________                                                                          
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                             AND INTERFERENCES                                                                            
                                                                 _______________                                                                          
                                               FURUKAWA ELECTRIC NORTH AMERICA,                                                                           
                                                                     Junior Party                                                                         
                                                                 (Patent 5,694,503),                                                                      
                                                                           v.                                                                             
                                                                 CORNING, INC.,                                                                           
                                                                     Senior Party                                                                         
                                                             (Application 09/203,166).                                                                    
                                                                 _______________                                                                          
                                                     Patent Interference No. 105,253 (RES)                                                                
                                                                 _______________                                                                          
                                             Judgment - Order to Show Cause - Bd.R. 202(d)                                                                
                  Before: SCHAFER, TORCZON and NAGUMO, Administrative Patent Judge.                                                                       
                  SCHAFER, Administrative Patent Judge.                                                                                                   

                           An order to show cause why judgment should not be entered against Furukawa was issued                                          
                  on June 23, 2005. Papers 27 and 28 (errata).  Furukawa responded.  Paper 29. The response was held                                      
                  to be insufficient.  Paper 30.  Furukawa was provided an opportunity to supplement its response to                                      
                  the order to show cause on or before August 22, 2005.  Paper 30, p. 2.  No supplemental response                                        
                  has been filed.  Counsel for Furukawa confirmed that no response had been filed.  Accordingly, it                                       
                  is appropriate to enter judgment against Furukawa.                                                                                      
                           ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p.3), is                                       
                  awarded against the junior party, FURUKAWA ELECTRIC NORTH AMERICA;                                                                      






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