1 Counsel placed a conference call to the Board on Thursday, 27 July
2 2006, at 1:30 (1330 hours Eastern time). During the conference call, counsel
3 for Senior Party Koito advised the Board that Koito would not participate in
4 the interference and concedes the subject matter of the interference to Junior
5 Party Egbe. The Board will treat Koito's non-participation and concession
6 as a request for entry of an adverse judgment. The Board appreciates the
7 time counsel took to have the conference call with Board.
8 Upon consideration of the discussion during the conference call, it is
9 ORDERDED that judgment on priority as to Count 1 (the sole
10 count in the interference; Paper 1, page 9) is awarded against Senior Party
11 TATSUYA KOITO, KEIJI HIRANO, MASAYUKI TAKASHIMA,
12 KENICHI TOKIOKA and HIDEMITSU AOKI.
13 .
14 FURTHER ORDERED that Senior Party TATSUYA KOITO,
15 KEIJI HIRANO, MASAYUKI TAKASHIMA, KENICHI TOKIOKA and
16 HIDEMITSU AOKI is not entitled to a patent containing claims 20-30
17 (corresponding to Count 1) of:
18 U.S. Patent 6,869,921 B2
19 issued 22 March 2005
20 based on application 10/208,796
21 filed 1 August 2002
22 FURTHER ORDERED that if there is a settlement agreement,
23 attention is directed to 35 U.S.C. § 135(c).
24 FURTHER ORDERED that a copy of this JUDGMENT
25 shall be placed in the files of (1) application 10/254,785 and (2) U.S. Patent
26 6,869,921 B1.
2
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