Chaov.Iwamoto

Board of Patent Appeals and Interferences

May 30, 2000

08554854 (B.P.A.I. May. 30, 2000)

Based on application 08/554,854, filed November 7, 1995.1
The real party in interest is Contour Optik, Inc.
Filed May 31, 1996. Accorded the benefit of Japanese2
application 07-156,856, filed May 31, 1995, and Japanese
application 08-153,172, filed May 24, 1996. The real party in
interest is Asahi Kogaku Kogyo Kabushiki Kaisha. See Paper 129.
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publication in a law journal and (2) is not binding precedent of the Board.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. 189
Filed by: Interference Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

RICHARD CHAO
Junior Party,
(Patent No. 5,568,207)1
v.
TOSHIKAZU IWAMOTO
Senior Party.
(Application 08/655,828)2

Patent Interference No. 104,051

Before SCHAFER, BARRETT and LEE, Administrative Patent Judges.
Interference No. 104,051
Chao v. Iwamoto
An order dated April 7, 2000, dismissed all then pending3
motions of both parties.
2
LEE, Administrative Patent Judge.
JUDGMENT
The parties have filed a joint request for entry of
adverse judgment, pursuant to 37 CFR § 1.662, against senior
party Iwamoto. (Paper No. 187). The parties have also filed
a settlement agreement and a joint request under 37 CFR §
1.666(b) to keep the settlement agreement separate from the
file of the interference. (Paper No. 188).
The joint request to keep the settlement agreement
separate from the file of the interference pursuant to 37 CFR
§ 1.666(b) is granted.
The joint request for entry of adverse judgment against
senior party Iwamoto is granted.3
It is
ORDERED that judgment as to the subject matter of both
counts 1 and 2 is herein entered against the senior party
TOSHIKAZU IWAMOTO;
FURTHER ORDERED that the senior party TOSHIKAZU IWAMOTO
is not entitled to its application claims 1, 3, 4, 14, 21, 22
Interference No. 104,051
Chao v. Iwamoto
3
and 27-29 which correspond to count 1; and
FURTHER ORDERED that the senior party TOSHIKAZU IWAMOTO
is not entitled to its application claims 7-9, 15-18, 23-26,
30 and 31-47 which correspond to count 2.

Richard E. Schafer )
Administrative Patent Judge)
)
)
) BOARD OF PATENT
) APPEALS
Lee E. Barrett ) AND
Administrative Patent Judge) INTERFERENCES
)
)
)
)
Jameson Lee )
Administrative Patent Judge)
Interference No. 104,051
Chao v. Iwamoto
4
By Facsimile and Federal Express
Counsel for Party Chao:
703-836-2021
R. Danny Huntington
Burns, Doane, Swecker & Mathis, L.L.P.
P.O. Box 1404
Alexandria, Virginia 22313-1404
Counsel for Party Iwamoto:
703-716-1180
Bruce Bernstein
Greenblum & Bernstein
1941 Roland Clarke Place
Reston, Va 20191*