Ex Parte Burnham

Board of Patent Appeals and Interferences

Jul 10, 2001

07838119 (B.P.A.I. Jul. 10, 2001)

1 Based on application 07/838,119, filed February 18,
1992. The real party in interest is Eastman Kodak Company.
2 Filed February 17, 1995. Accorded the benefit of
application 08/172, 247, filed December 23, 1993; application
07/849,536, filed March 11, 1992, now Patent No. 5,343,265,
issued August 30, 1994; and Japanese application 03-70567, filed
March 11, 1991. The real party in interest is Fuji Photo Film,
Co., Ltd.
The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper No. 24
Filed by: Trial Section 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
_______________
WILLIAM L. BURNHAM
Junior Party
(Patent No. 5,192,648)1,
v.
NAKAO OI and HIROSHI KOMATSUZAKI
Senior Party
(Application 08/390,579)2.
_______________
Patent Interference No. 104,655
_______________
Before SCHAFER, LEE and MEDLEY, Administrative Patent Judges.
LEE, Administrative Patent Judge.
MEMORANDUM OPINION AND JUDGMENT
3 Failure to file a copy of any agreement regarding the
termination of this proceeding may render the agreement and any
resulting patents unenforceable. See section 135(c) and 37 CFR §
1.661 for more details.
- 2 -
On July 2, 2001, senior party Oi filed a paper stating:
“Senior Party Nakao OI and Hiroshi KOMATSUZAKI hereby requests
that an adverse judgment be entered against the Senior Party and
in favor of Junior Party William L. BURNHAM in the present
interference proceeding.” The request is granted.3 It is
ORDERED that judgment as to the subject matter of the count
is herein entered against senior party NAKAO OI and HIROSHI
KOMATSUZAKI, who thus are not entitled to their application
claims 37-39 which correspond to the count; and
FURTHER ORDERED that a copy of this paper will be given a
paper number and entered in the involved application or patent of
the respective parties.
)
RICHARD E. SCHAFER )
Administrative Patent Judge)
)
)
) BOARD OF PATENT
) APPEALS
JAMESON LEE ) AND
Administrative Patent Judge) INTERFERENCES
)
)
)
)
SALLY C. MEDLEY )
Administrative Patent Judge)
- 3 -
By Federal Express:
Attorney for Junior Party Burnham:
Michael L. Goldman, Esq.
Nixon Peabody LLP
Clinton Square
Corner of Clinton Avenue and Broad Street
P.O. Box 31051
Rochester, New York 14603
Attorney for Senior Party Oi:
Andrew J. Patch, Esq.
Young & Thompson
745 S. 23rd Street
Arlington, Va 22202