PFIESTER et al. IKEDA et al.

Board of Patent Appeals and Interferences

Jun 30, 1998

08181545 (B.P.A.I. Jun. 30, 1998)

Patent No. 5,373,170, granted December 13, 1994, based on1
Application 08/031,513, filed March 15, 1993. Assigned to
Motorola, Incorporated. Accorded benefit of: None.
Application 08/181,545, filed January 14, 1994. Assigned2
to Hitachi, Ltd., and Hitachi ULSI Engineering Corporation, Japan.
Accorded benefit of Japanese Application 5-004502, filed January
14, 1993.
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is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
JAMES R. PFIESTER and JAMES D. HAYDEN,
Junior Party,1
v.
SHUJI IKEDA, SATOSHI MEGURO, KYOICHIRO ASAYAMA, ERI FUJITA,
KOICHIRO ISHIBASHI, TOSHIRO AOTO, SADAYUKI MORITA, ATSUYOSHI
KOIKE, MASAYUKI KOJIMA, YASUO KIGUCHI, KAZUYUKI SUKO, FUMIYUKI
KANAI, NAOTAKA HASHIMOTO, and TOSHIAKI YAMANAKA
Senior Party.2
______________
Patent Interference No. 103,795
______________
JUDGMENT
______________
Interference No. 103,795
- 2 -
METZ, PATE, and MARTIN, Administrative Patent Judges.
MARTIN, Administrative Patent Judge.
In accordance with junior party Pfiester et al.'s
concession of priority as to Substitute Count 1, judgment is
hereby entered against Pfiester et al.'s claims that
correspond to that count, i.e., patent claims 1 and 8, which
means Pfiester et al. are not entitled to a patent including
those claims. Judgment therefore is awarded in favor of Ikeda
et al.'s claims that correspond to the count, i.e.,
application claims 1-5, 9, 10, 12, 15, 18-20, 24, 25, 39-42,
and 45-49, which means Ikeda et al. are entitled to a patent
including those claims.
)
__________________________ )
ANDREW H. METZ )
Administrative Patent Judge)
)
) BOARD
OF
__________________________ ) PATENT
APPEALS
WILLIAM F. PATE, III ) AND
Administrative Patent Judge) INTERFERENCES
)
)
__________________________ )
Interference No. 103,795
- 3 -
JOHN C. MARTIN )
Administrative Patent Judge)
Interference No. 103,795
- 4 -
For the party Pfiester et al.:
Maurice J, Jones
Motorola, Inc.
Intellectual Property Department
505 Barton Springs Road
Suite 500/MD:TX07;F4/
Austin, TX 78704
For the party Ikeda et al:
William J. Solomon
ANTONELLI, TERRY, STOUT & KRAUS
Suite 1800
1300 North Seventeenth Strreet
Arlington, VA 22209