TSUDA et al. V. Noritake et al. - Page 2




                       ORDERED that judgment on priority as to Count 1 (Paper 1 at 4), the sole count in the                          
               interference is awarded against junior party KAZUTO NORITAKE and TOSHIFUMI                                             
               YAMAJI.                                                                                                                
                       FURTHER ORDERED that junior party KAZUTO NORITAKE and TOSHIFUMI                                                
               YAMAJI is not entitled to a patent containing claims 1-9 (corresponding to Count 1) of U.S.                            
               patent 6,410,358.                                                                                                      
                       FURTHER ORDERED that a copy of this paper shall be made of record in files of                                  
               application 09/406,684 and U.S. Patent 6,410,358.                                                                      
                       FURTHER ORDERED that if there is a settlement agreement, attention is directed to                              
               35 U.S.C. § 135(c) and Bd.R. 205.                                                                                      


                                                                              )                                                       
                                               /ss/ Richard Torczon              )                                                    
                                               RICHARD TORCZON )                                                                      
                                               Administrative Patent Judge )                                                          
                                                                              )                                                       
                                                                              )                                                       
                                               /ss/ Sally C. Medley               ) BOARD OF PATENT                                   
                                               SALLY C. MEDLEY  )     APPEALS AND                                                     
                                               Administrative Patent Judge )  INTERFERENCES                                           
                                                                              )                                                       
                                                                              )                                                       
                                               /ss/ James T. Moore                )                                                   
                                               JAMES T. MOORE  )                                                                      
                                               Administrative Patent Judge )                                                          

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               jar@nixonvan.com                                                                                                       
               hwb@nixonvan.com                                                                                                       
               ryan@cantorcolburn.com                                                                                                 






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