Yamazaki et al. V. Thompson et al. - Page 1

                 BoxInterferences@uspto.gov Paper 55                                                                    
                 Telephone: 571-272-4683 26 April 2007                                                                  
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                          BOARD OF PATENT APPEALS AND INTERFERENCES                                                     
                                          Patent Interference No. 105,461                                               
                          SEMICONDUCTOR ENERGY LABORATORY CO., LTD.                                                     
                                                    (6,734,457),                                                        
                                                    Junior Party,                                                       
                                                          v.                                                            
                                  TRUSTEES OF PRINCETON UNIVERSITY                                                      
                                                          and                                                           
                                         University of Southern California                                              
                                                    (10/913,211),                                                       
                                                    Senior Party.                                                       

                 Before: SCHAFER, TORCZON, and MOORE, Administrative Patent                                             
                 Judges.                                                                                                
                 TORCZON, Administrative Patent Judge.                                                                  
                                    JUDGMENT – Bd.R. 127 – ON MERITS                                                    
            1           The junior party (SEL) did not allege a priority date prior to the                              
            2    benefit date  accorded to the senior party (the Trustees).  This failure will                          
            3    ordinarily result in judgment against the junior party, Bd.R. 204(a)(3),                               
            4    however, in this case SEL sought judgment on a threshold motion, which                                 
            5    was deemed to provide potential good cause avoiding judgment.  This                                    
            6    motion has been denied in the accompanying decision, Paper 53, so the                                  
            7    potential good cause has not been realized.  Consequently, we proceed to                               
            8    judgment.                                                                                              

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