Hiroya et al.v.RosenDownload PDFBoard of Patent Appeals and InterferencesJul 19, 200608558741 (B.P.A.I. Jul. 19, 2006) Copy Citation 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 THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION AND IS NOT BINDING PRECEDENT OF THE BOARD Filed by: Trial Division Merits Panel Paper No. 74 Mail Stop INTERFERENCE Entered July 19, 2006 Board of Patent Appeals and Interferences United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 Copy with citationCopy as parenthetical citation