LAURIE et al. V. ISHII et al. - Page 1




                                                       The opinion in support of the decision being                                                       
                                                   entered today is not binding precedent of the Board.                                                   
                                                                                                                              Paper 151                   

                  Filed by: Trial Division Merits Panel                                                                                                   
                           Mail Stop Interference                                                  Filed: 9 June 2006                                     
                           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                                                                            
                                                                 _______________                                                                          
                                                             AJINOMOTO CO., INC.,                                                                         
                                                                     Junior Party                                                                         
                                                                         (Ishii)                                                                          
                                                           IFW Application 09/355,980,                                                                    
                                                                           v.                                                                             
                                                       THE NUTRASWEET COMPANY,                                                                            
                                                                     Senior Party                                                                         
                                                                        (Pajor)                                                                           
                                                                  Patent 6,048,999.                                                                       
                                                                 _______________                                                                          
                                                     Patent Interference No. 105,246 (RES)                                                                
                                                                 _______________                                                                          
                  Before PATE, SCHAFER and GAUDETTE, Administrative Patent Judges.                                                                        
                  PATE, Administrative Patent Judge.                                                                                                      
                                                   JUDGMENT UNDER 37 CFR § 41.127                                                                         
         1                 Pursuant to a decision on motions entered even date herewith, the panel has granted a                                          
         2        NutraSweet motion that all claims of junior party Ajinomoto are unpatentable for obviousness.                                           
         3        The panel has further determined that junior party Ajinomoto shall not be entitled to further                                           
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