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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