NAGAMINE et al.v.NATSUGARI et al.

Board of Patent Appeals and Interferences

Jun 25, 1998

08554228 (B.P.A.I. Jun. 25, 1998)

Patent 5,464,863, granted November 7, 1995, based on Application 08/201,378,1
filed February 24, 1994. Assignor to Nihon Nohyaku Co., Ltd., Japan.

Application 08/554,228, filed November 8, 1995. Accorded benefit of2
Application 08/165,925, filed December 14, 1993, now Patent No. 5,492,929, granted
February 20, 1996; Japanese application Nos. 4-336312, filed December 16, 1992 and 5-
248069, filed October 4, 1993. Assignor to Takeda Chemical Industries, Ltd., Japan.
1
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(2) is not binding precedent of the Board.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. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
MASASHI NAGAMINE, KENJI YAMAMOTO,
YOSHIMITSU MATSUI, KENJI HORIUCHI
and MASANORI YOSHIDA
Junior Party,1
v.
HIDEAKI NATSUGARI, YASUO SUGIYAMA
and YOSHINORI IKEURA
Senior Party, 2
__________
Patent Interference No. 104,047
__________
Before RONALD H. SMITH, SOFOCLEOUS and DOWNEY, Administrative
Patent Judges.
RONALD H. SMITH, Administrative Patent Judge.
Interference No. 104,047
2
JUDGMENT
Whereas Nagamine et al., the junior party have filed a
request for entry of an adverse judgment pursuant to 37 CFR
§ 1.662(a), judgment as to the subject matter of the count in
issue is hereby awarded to Natsugari et al., the senior party.
Accordingly, Masashi Nagamine, Kenji Yamamoto, Yoshimitsu
Matsui, Kenji Horiuchi and Masanori Yoshida are not entitled
to a patent containing claims 1-6 corresponding to the count.
Hideaki Natsugari, Yasuo Sugiyama and Yoshinori Ikeura are
entitled to a patent containing claims 3-6, 8, 9, 11, 24, 25,
and 28-34 corresponding to the count.

)
)
RONALD H. SMITH )
Administrative Patent Judge )
)
) BOARD OF
PATENT
) APPEALS
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) AND
)
INTERFERENCES
)
Interference No. 104,047
3
)
MARY F. DOWNEY )
Administrative Patent Judge )
Counsel for Nagamine et al.:
CUSHMAN, DARBY & CUSHMAN
1100 New York Avenue, N.W.
Ninth Floor
Washington, D.C. 20005-3918
Counsel for Natsugari et al.:
FOLEY & LARDNER
3000 K Street, N.W.
Suite 500
Washington, D.C. 20007-5109