Hiroya et al.v.Rosen

Board of Patent Appeals and Interferences

Jul 19, 2006

08558741 (B.P.A.I. Jul. 19, 2006)

Based on Application 08/558,741, filed November 16, 1995. The real party in interest is Hitachi, Ltd.1
Filed May 19, 1999. The real party in interest is Citibank, N.A. Accorded the benefit of application 08/895,395,2
filed July 16, 1997; application 08/730,158, filed October 23, 1996; application 08/234,461, filed April 28, 1994; and
application 08/575,699, filed December 19, 1995.
THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Division Merits Panel Paper No. 74
Mail Stop INTERFERENCE Entered July 19, 2006
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-9797 Fax: 571-272-0943
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
MASAAKI HIROYA and HIROSHI ASAO
Junior Party
(U.S. Patent No. 5,754,654)1
v.
SHOLOM S. ROSEN
Senior Party
(Application 09/314,738)2
_______________
Patent Interference No. 105,355
_______________
Before LEE, HANLON and MOORE, Administrative Patent Judge.
LEE, Administrative Patent Judge.
1 Judgment – Merits – Bd. R. 127
2 In accordance with the priority decision entered concurrently herewith but in a separate
3 paper, it is
4 ORDERED that judgment as to the subject matter of Count 1 is entered against junior
5 party MASAAKI HIROYA and HIROSHI ASAO;
Interference No. 105,355
Hiroya v. Rosen
2
1 FURTHER ORDERED that junior party MASAAKI HIROYA and HIROSHI ASAO is
2 not entitled to its patent claims 1-4 and 12-18 which correspond to Count 1;
3 FURTHER ORDERED that if there is a settlement agreement, the parties should note
4 the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
5 FURTHER ORDERED that a copy of this judgment be placed in the respective
6 involved application or patent of the parties.
7 /Jameson Lee/
8 JAMESON LEE )
9 Administrative Patent Judge )
10 )
11 )
12 )
13 /Adriene Lepiane Hanlon/ ) BOARD OF PATENT
14 ADRIENE LEPIANE HANLON ) APPEALS
15 Administrative Patent Judge ) AND
16 ) INTERFERENCES
17 )
18 )
19 /James T. Moore/ )
20 JAMES T. MOORE )
21 Administrative Patent Judge )
Interference No. 105,355
Hiroya v. Rosen
3
1 By Electronic Transmission
2 Counsel for Junior Party HIROYA:
3 Carl I. Brundidge, Esq.
4 MATTINGLY, STANGER, MALUR & BRUNDIDGE, P.C.
5 1800 Diagonal Road, Suite 370
6 Alexandria, Virginia 22314
cbrundidge@msmbpatentlaw.com7
8 Attorney for senior party ROSEN:
9 William S. Feiler, Esq.
10 MORGAN & FINNEGAN, LLP
11 3 World Financial Center
12 New York, New York 10281-2101
13 WFeiler@morganfinnegan.com
14