ELSING et al. V SANADA et al.

Board of Patent Appeals and Interferences

Apr 30, 1998

08268153 (B.P.A.I. Apr. 30, 1998)

Application 08/268,153, filed June 27, 1994. Accorded the1
benefit of application 08/086,791, filed July 2, 1993, now Patent
No. 5,376,850, issued December 27, 1994. Assigned to Seagate
Technology, Inc.
Application 08/049,432, filed April 20, 1993, now Patent2
No. 5,461,268, issued October 24, 1995. Assigned to NEC
Corporation, of Tokyo, Japan.
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(2) is not binding precedent of the Board.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. 25
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

JOHN W. ELSING and WILLIAM C. BRIGHT
Junior Party,1
v.
YOTARO SANADA
Senior Party.2

Patent Interference No. 103,767

JUDGMENT
Before PATE, MARTIN and LEE, Administrative Patent Judges.
LEE, Administrative Patent Judge.
JUDGMENT
On April 9, 1998, senior party Sanada filed a paper (Paper
No. 24) requesting entry of adverse judgment and conceding
Elsing v. Sanada
Interference No. 103,767
2
priority to junior party Elsing et al.
Elsing v. Sanada
Interference No. 103,767
3
Junior party Elsing et al. has indicated by telephone that
it does not object to this request for entry of adverse judgment
by senior party Sanada.
The request is granted.
Judgment is hereby entered against senior party Sanada, and
in favor of junior party Elsing et al.
Accordingly, Yotaro Sanada is not entitled to a patent
containing his claims 1, 2 and 3 which correspond to the count,
and John W. Elsing and William C. Bright are entitled, on this
record, to a patent containing their application claims 17, 18
and 19 which correspond to the count.

William F. Pate, III )
Administrative Patent Judge)
)
)
) BOARD OF PATENT
) APPEALS
John C. Martin ) AND
Administrative Patent Judge) INTERFERENCES
)
)
)
)
Jameson Lee )
Elsing v. Sanada
Interference No. 103,767
4
Administrative Patent Judge)
Elsing v. Sanada
Interference No. 103,767
5
Counsel for Junior Party:
Charles L. Gholz
Oblon, Spivak, McClelland,
Maier & Neustadt, P.C.
Fourth Floor
1755 Jefferson Davis Highway
Arlington, Va 22202
Counsel for senior party:
J. Frank Osha
Sughrue, Mion, Zinn, Macpeak & Seas
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037