Kroczek v Tamatani et al. - Page 1




                                                                                                           Paper 144                
               Filed by: Inteference Trial Section                                                                                  
               Merits Panel                                                  Entered: June 21, 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                                                      
                                                  _______________________                                                           
                                                    RICHARD KROCZEK                                                                 
                                                           Junior Party                                                             
                                    (Applications 09/509,283, 09/823,307, and 09/972,524),                                          
                                                                v.                                                                  
                                     TAKUYA TAMATANI and KATSUNARI TEZUKA                                                           
                                                           Senior Party                                                             
                                    (Applications 09/383,551, 09/561,308, and 10/301,056).                                          
                                                   _______________________                                                          
                                                 Patent Interference No. 105,168                                                    
                                                   _______________________                                                          

                                                  JUDGMENT - Bd.R. 127(b)                                                           
               Before, SCHAFER, TORCZON, and NAGUMO, Administrative Patent Judges.1                                                 
               SCHAFER, Administrative Patent Judge.                                                                                
                       Tamatani has filed a paper abandoning the contest as to the subject matter of Count 2.  Paper                
               141.  Kroczek has filed a paper abandoning the contest as to the subject matter of Count 3. Paper                    
               143.  The abandonment of the contest is construed to be a request for entry of an adverse judgment.                  
               37 CFR  41.127(b)(4).  Accordingly, it is                                                                           



                       1                                                                                                            
                               As part of Board efforts under the Government Paperwork Elimination Act, signatures on papers        
               originating from the Board are being phased out in favor of a completely electronic record.  Consequently, subsequent
               papers in this case originating at the Board will not have signatures.  The signature requirements for the parties have not
               changed.  See, e.g., 37 C.F.R.  10.18.                                                                              





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