TAKAHASHI V. Yamazaki et al. - Page 1




                               THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                    
                        The opinion was not written for publication and is not binding precedent of the Board. 
                                                                                          Paper 21             
             Mail Stop Interference                                                                            
             P.O. Box 1450                                                Filed:  August 1, 2006           
             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                                                   
                                               _______________                                                 
                                        OLYMPUS OPTICAL, CO., LTD.,                                            
                                                  Junior Party                                                 
                                               (Patent 6,018,423,                                              
                                          Inventor: Koichi Takahashi ),                                        
                                                      v.                                                       
                                        CANON KABUSHIKI KAISHA,                                                
                                                  Senior Party                                                 
                                            (Application 09/768,306                                            
                               Inventors: Shoichi Yamazaki and Takeshi Nishimura).                             

                                        Patent Interference 105,435 (RES)                                      
                                           (Technology Center 2800)                                            

                                 Judgment - Request for Adverse - Bd.R. 127(b)                                 
             Before: SCHAFER, MEDLEY and MOORE, Administrative Patent Judges.                                  
             PER CURIUM                                                                                        
                   Olympus has filed a paper requesting entry of an adverse judgment in this interference under
             37 CFR ' 41.104(c).  Paper 20.  Accordingly, it is                                                
                   ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p. 3) is    
             awarded against the junior party, OLYMPUS OPTICAL, CO., LTD.;                                     
                   FURTHER ORDERED that junior party, OLYMPUS OPTICAL, CO., LTD., is not entitled              
             to a patent containing claims 1-42 (corresponding to Count 1) of Patent 6,018,423;                





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