Ex Parte SANO

Board of Patent Appeals and Interferences

Aug 8, 2002

08280823 (B.P.A.I. Aug. 8, 2002)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Paper No. 19
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 MA IL' Do
NAOTO SANO
411m
Junior Party
PAT & Tfo (Patent No. 5,567,928 BOARD OF PA T,ýýDFFICE
ANDijVTQc Ap V. ER, e'CAýs t",
AKIKAZU TANIMOTO
Senior Party,
(Application 08/956,007)2
Patent Interference No. 104,844
Before LEE, SPIEGEL and GARDNER-LANE, Administrative Patent
Judges.
LEE, Administrative Patent Judge.
JUDGMENT
Based on application 08/280,823, filed July 26, 1994.
The real party in interest is Canon Kabushiki Kaisha.
2 Filed October 22, 1997. Accorded the benefit of
application 08/834,851, filed April 10, 1997; application
08/409,935, filed March 23, 1995; application 08/256,000, filed
June 8, 1994; and Japanese Patent No. 5-138489, filed June 10,
1993. The real party interest is Nikon Corporation.
Interference No. 104,844
Sano v. Tanimoto
On August 2, 2002, senior party Tanimoto filed a paper
requesting entry of adverse judgment pursuant to 37 CFR
§ 1.662(a). The request is GRANTED.
It is
ORDERED that judgment as to the subject matter of the count
is herein entered against senior AKIKAZU TANIMOTO;
FURTHER ORDERED that senior party AKIKAZU TANIMOTO is not
entitled to its application claims 5-56 which correspond to the
count;
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; and
FURTHER ORDERED that if there is a settlement agreement, the
parties should note 35 U.S.C. § 135(c) and 37 CFR § 1.666.
2
Interference No. 104,844
Sano v. Tanimoto
,ýZeson
Lee
dministrative Patent Judge)
BOARD OF PATENT
APPEALS
Carol A.48ý5iefel AND
Administrative Patent Judge) INTERFERENCES
ASally aýrdner-Larne
Administrative Patent Judge)
3
Interference No. 104,844
Sano v. Tanimoto
By Federal Express:
Attorney for junior party SANO:
Anthony M. Zupcic, Esq.
FITZPATRICK, CELLA, HARPER & SCINTO
30 Rockefeller Plaza
New York, New York 10112-3801
Attorney for senior party TANIMOTO:
Mitchell W. Shapiro, Esq.
Miles & Stockbridge, P.C.
1751 Pinnacle Drive, Suite 500
McLean, Virginia 22102
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