Tsujihara et al.v.Holton et al.

Board of Patent Appeals and Interferences

Mar 30, 1998

08558772 (B.P.A.I. Mar. 30, 1998)

Patent No. 5,589,502, issued December 31, 1996, based 1
on Application 08/558,772, filed November 15, 1995. Accorded
the benefit of Japan 6-283,780, filed November 17, 1994; Japan
7-251,185, filed September 28, 1995.
Application 08/462,125 filed June 5, 1995. Accorded2
benefit of Application 08/094,756, filed July 20, 1993.
1
Paper No. 10
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(2) is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Kenji Tsujihara,
Tomiki Hashiyama,
Motoaki Ohashi and
Noriyukii Nakanishi,
Junior Party,1
v.
Robert A. Holton,
Hossain Nadizadeh,
Yukio Suzuki, Ki-Byung Chai
and Hamid Idmoumaz
Senior Party.2
______________
Interference No. 104,028
Interference No. 104,028
2
_______________
Before Ronald H. Smith, Sofocleous and Downey, Administrative
Patent Judges.
Ronald H. Smith, Administrative Patent Judge.
JUDGMENT
Whereas Kenji Tsujihara, Tomiki Hasiyama, Motoaki Ohoshi and Noriyukii
Nakanishi, 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 Robert A. Holton, Hossain Nadizadeh,
Yukio Suzuki,
Ki-Byung Chai and Hamid Idmoumaz, the senior party. Accordingly, Kenji
Tsujihara, Tomiki Hasiyama, Motoaki Ohoshi and Noriyukii Nakanishi are not
entitled to a patent containing claims 1-7 and 10-12 corresponding to the
count.
Robert A. Holton, Hossain Nadizadeh, Yukio Suzuki, Ki-Byung Chai and
Hamid Idmoumaz are entitled to a patent containing claims 21-30, 39, 40 and
42-51 corresponding to the count.
Ronald H. Smith )
Administrative Patent Judge )
)
Interference No. 104,028
3
)
)
Michael Sofocleous ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Mary F. Downey )
Administrative Patent Judge )
Finnegan, Henderson, Farabow,
Garrett & Dunner
1300 I Street, N.W.
Washington, DC 20005
Edward H. Hejlek
Senniger, Powers, Leavitt & Roedel
One Metropolitan Square, 16th Floor
St. Louis, MO 63102
Interference No. 104,028
4
RHS/cam