Ikedav.Sato et al.

Patent Trial and Appeal Board

Feb 15, 2018

13989251 (P.T.A.B. Feb. 15, 2018)

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BoxInterferences@uspto.gov Entered: February 15, 2018
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

JX Nippon Mining & Metals Corporation,
Junior Party
(Application 14/372,849
Inventors: Atsushi Sato and Hideo Takami),

v.

Mitsui Mining & Smelting Co., Ltd.,
Senior Party
(Patent 9,011,653
Inventor: Makoto Ikeda).

Patent Interference No. 106,084 (JTM)
(Technology Center 1700)

Before: JAMES T. MOORE, JEFFREY B. ROBERTSON, and
DEBORAH KATZ, Administrative Patent Judges.

MOORE, Administrative Patent Judge.

JUDGMENT
37 C.F.R. § 41.127(b)(1)

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On 25 January 2018, Junior Party JX Nippon Mining & Metals Corporation 1
indicated by email that they requested adverse judgment. Ex. 3001. Counsel was 2
informed the informal submission would be treated as a request for adverse 3
judgment. Id. 4
As Junior Party has requested for adverse judgment pursuant to 37 CFR § 5
41.127(b)(1), we enter judgment against Junior Party. 6
It is ORDERED that claims 1–5, 7, 9–13, and 15-17 of application 7
14/372,849 be FINALLY REFUSED (see Declaration, Paper 1, at 3; 35 U.S.C. § 8
135(a)(1)). 9
It is FURTHER ORDERED that a copy of this judgment be entered into the 10
files of application 14/372,849 and Patent 9,011,653. 11
It is FURTHER ORDERED that the parties are directed to 35 USC § 135(c) 12
and 37 C.F.R. § 41.205 regarding the filing of settlement agreements. 13

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cc (via e-mail):

Attorney for Junior Party JX Nippon:

William Bak
Robert J. Duminiak
HOWSON & HOWSON LLP
wbak@howsoniplaw.com
rduminiak@howsoniplaw.com

Attorney for Senior Party Mitsui:

Kent E. Baldauf, Jr.
Paul M. Reznick
Bryan P. Clark
THE WEBBLAW FIRM
litigation@webblaw.com
preznick@webblaw.com
bclark@webblaw.com