Mahler et al.v.Nishimura et al.

Board of Patent Appeals and Interferences

Oct 22, 1997

08248728 (B.P.A.I. Oct. 22, 1997)

THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No.
18
Filed by: Merits Panel
Box Interference
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-308-7953
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
BARRY A. MAHLER and RALPH N. MILLER,
Junior Party,
v.
ATSUO NISHIMURA and REIJI TAKAHASHI,
Senior Party.
_______________
Patent Interference No. 103,787
_______________
Before: METZ, Administrative Patent Judge, and
McKELVEY, Senior Administrative Patent Judge, and
HANLON, Administrative Patent Judge.
McKELVEY, Senior Administrative Patent Judge.
ORDER ENTERING JUDGMENT AGAINST MAHLER et al.
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Receipt is acknowledged of a REQUEST FOR ENTRY OF
ADVERSE JUDGMENT, filed by Mahler (Paper No. 17). The REQUEST
in the record is a copy of an original document which appears
as Paper No. 26 in the file of Interference No. 103,786.
Upon consideration of the REQUEST, it is
ORDERED that judgment as to Count 4 (see Paper No.
15, pages 3-5), the sole count in the interference, is awarded
against junior party Barry A. Mahler and Ralph N. Miller.
FURTHER ORDERED that judgment as to Count 4 is
awarded in favor of senior party Atsuo Nishimura and
Reiji Takahashi.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party Atsuo
Nishimura and Reiji Takahashi is entitled to a patent
containing claims 1-3 (corresponding to Count 4) of patent
application 08/248,728, filed May 25, 1994.
FURTHER ORDERED that junior party Barry A. Mahler
and Ralph N. Miller is not entitled to a patent containing
claims 1 and 4-15 (corresponding to Count 4) of patent
application 08/192,664, filed February 7, 1994 or claims 1, 4-
12 and 14-16 (corresponding to Count 4) of patent application
08/378,349, filed February 1, 1995.
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______________________________
ANDREW H. METZ )
Administrative Patent Judge )
)
)
______________________________)
FRED E. McKELVEY, Senior ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
______________________________)
ADRIENE L. HANLON )
Administrative Patent Judge )
- 4 -
cc (via First Class Mail):
Attorneys for Nishimura
(real party in interest
Showa Denko K.K.):
Waddell A. Biggart, Esq.
Kenneth J. Burchfiel, Esq.
Edward D. Grieff, Esq.
SUGHRUE, MION, ZINN, MACPEAK & SEAS
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Attorney for Mahler
(real party in interest
E.I. duPont de Nemours and Company):
Gerald E. Deitch, Esq.
DuPont Legal
BMP17-1172
P.O. Box 80017
Wilmington, DE 19880-0017