Kiefer et al.v.Shimasaki et al.

Board of Patent Appeals and Interferences

Mar 10, 1998

08110107 (B.P.A.I. Mar. 10, 1998)

Application No. 08/257,935, filed June 10, 1994. 1
Accorded Benefit of Application Nos. 07/577,392, filed
August 31, 1990 and 07/574,613, filed August 28, 1990, both
abandoned.
Application 08/110,107, filed August 20, 1993. 2
Accorded Benefit of Application No. 07/562,126, filed August
3, 1990.
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THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
MICHAEL C. KIEFER and FRANK R. MASIARZ
Junior Party,1
v.
SHUNICHI SHIMASAKI and NICHOLAS C. LING
Senior Party.2
________________
Interference No. 103,907
________________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
Interference No. 103,907
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SOFOCLEOUS, Administrative Patent Judge.
Interference No. 103,907
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JUDGMENT
Kiefer et al., the junior party, have filed a abandonment
of the contest which, pursuant to 37 CFR § 1.662(a), is
treated as a request for entry of an adverse judgment as to
all claims which correspond to the count.
Accordingly, judgment as to the subject matter of the
count in issue is hereby awarded to Shunichi Shimasaki and
Nicholas C. Ling, the senior party. Michael C. Kiefer and
Frank R. Masiarz, the junior party, are not entitled to a
patent containing claims 1, 2, 4, 6 to 12, 14, 15, 17 to 19,
21 and 22 corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 103,907
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Attorneys for Kiefer et al.:
Amy L. Collins
Banner & Wicuff, Ltd.
1001 G St., N.W.
Suite 1100
Washington, DC 20001-4597
Attorneys for Shimasaki et al.:
Fitch, Even, Tabin & Flannery
135 South LaSalle St.
Suite 900
Chicago, IL 60603-4277