Kannov.Flynn et al

Board of Patent Appeals and Interferences

Mar 15, 2001

09576425 (B.P.A.I. Mar. 15, 2001)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 16
Filed by: Interference Trial Section Merits Panel
Box Interference Filed: 15 March 2001
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
_______________
HIROSHI KANNO
Junior Party,
(Patent 5,998,005),
v.
PAUL MARY FLYNN, RICHARD LEON McCONNELL,
HUBERTUS JACOBUS WILHELMUS MOOLENAAR
and TIMOTHY MICHAEL SANDERS
Senior Party
(Application 09/576,425).
_______________
Patent Interference No. 104,663
_______________
Before: SCHAFER, LEE and GARDNER-LANE, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
JUDGMENT PURSUANT TO 37 CFR § 1.662
Kanno has filed a paper withdrawing from the interference proceeding. Paper 15. The
paper is considered a request for entry of adverse judgment under 37 CFR § 1.662. Accordingly,
it is
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ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 1, p.5), is
awarded against the junior party, HIROSHI KANNO;
FURTHER ORDERED that junior party, HIROSHI KANNO, is not entitled to a patent
containing claims 1, 3, 5, 9 and 11 (corresponding to Count 1) of U.S. Patent 5,998,005;
FURTHER ORDERED that if there be a settlement agreement that the parties are advised
of the requirement to file a copy of the agreement (35 U.S.C. § 135(c); and
FURTHER ORDERED that a copy of this judgment be made of record in Application
09/576,425 and in the file history of Patent 5,998,005.
___________________________________ )
RICHARD E. SCHAFER )
Administrative Patent Judge )
)
__________________________________ ) BOARD OF PATENT
JAMESON LEE )
Administrative Patent Judge ) APPEALS AND
)
__________________________________ ) INTERFERENCES
SALLY GARDNER-LANE )
Administrative Patent Judge )
cc (via Fax and Federal Express):
Attorney for Kanno: Attorney for Flynn :
Robert G. Weilacher, Esq. R. Danny Huntington
SMITH, GAMBRELL & RUSSELL, LLP BURNS, DOANE, SWECKER
1850 M Street, N.W., Suite 800 & MATHIS, LLP
Washington, DC 20036 1737 King Street, Suite 500
Alexandria, VA 22314-2756
Fax: 202-659-2811
Fax: 703-836-2021
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