Interference No. 105,339
NOGUCHI v. ZHANG
Noguchi withdraws all of its pending motions (Papers 48 and 50). Counsel for Zhang further
represents that Zhang withdraws all of its pending motions (Paper 48).
Per 37 CFR § 41.127(b)(2), Noguchi’s disclaimer of all of its involved claims is
construed as a request for entry of adverse judgment. That is consistent with counsel for Zhang’s
representation in Paper 48 that the parties jointly request a termination of this interference,
evidently based on Noguchi’s disclaimer of all involved claims. Counsel for Noguchi confirms
that the request for termination was jointly made (Paper 50). Accordingly, it is
ORDERED that Noguchi’s request for entry of adverse judgment is granted;
FURTHER ORDERED that the parties’ joint request for termination of the interference
is dismissed as moot in light of Noguchi’s request for entry of adverse judgment;
FURTHER ORDERED that judgment as to the subject matter of Count 1 is herein
entered against junior party TAKASHI NOGUCHI and YASUSHI SHIMOGAICHI;
FURTHER ORDERED that the junior party TAKASHI NOGUCHI and YASUSHI
SHIMOGAICHI is not entitled to its patent claims 1-7 which correspond to Count 1 of this
interference;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205;
FURTHER ORDERED that a copy of this judgment be entered in the respective
involved application or patent of the parties.
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