Sakayoriv.Inoue et al.

Board of Patent Appeals and Interferences

Mar 4, 1998

07752181 (B.P.A.I. Mar. 4, 1998)

Patent No. 5,155,613, issued October 13, 1992, based on1
Application 07/752,181, filed August 23, 1991. Assigned to
Semiconductor Energy Laboratory, Co., Ltd., Japan. Accorded
benefit of U.S. Application 07/271,284, filed November 15, 1988,
and Japanese Application 62-294587, filed November 20, 1987.
Application 08/016,314, filed February 11, 1993. Assigned2
to Canon Kabushiki Kaisha, Ltd., Japan. Accorded benefit of U.S.
Applications 07/657,259, filed February 19, 1991, 07/333,956,
filed April 6, 1989, and 07/085,017, filed August 13, 1987, and
Japanese Application 61-192572, filed August 18, 1986.
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is not binding precedent of the Board.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. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
HIROYUKI SAKAYORI,
Junior Party,1
v.
HIROSHI INOUE, HIDEO KANNO,
HIROSHI NETSU, and ATSUSHI MIZUTOME
Senior Party.2
______________
Patent Interference No. 103,923
______________
JUDGMENT
_____________
Interference No. 103,923
- 2 -
METZ, PATE, and MARTIN, Administrative Patent Judges.
MARTIN, Administrative Patent Judge.
Junior party Sakayori did not respond to the paper
mailed January 13, 1998, which ordered him pursuant to 37 CFR
§ 1.640(d)(2) to show cause within twenty days why judgment
should not be entered against his claims that correspond to
the count for failing to file a preliminary statement or any
preliminary motions. Accordingly, judgment is hereby entered
against Sakayori's claims that correspond to the count, i.e.,
patent claims 1 and 2, which means Sakayori is not entitled to
a patent including those claims. Judgment is awarded in favor
of Inoue et al.'s claims that correspond to the count, i.e.,
application claims 19-22, which means they 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. 103,923
- 3 -
)
)
__________________________ )
JOHN C. MARTIN )
Administrative Patent Judge)
Interference No. 103,923
- 4 -
For the party Sakayori:
Gerald J. Ferguson, Jr., Esq.
SIXBEY, FRIEDMAN, LEEDOM and FERGUSON
2010 Corporate Ridge
McLean, VA 22102
For the party Inoue et al:
FITZPATRICK, CELLA, HARPER & SCINTO
277 Park Avenue
New York, NY 10172