Mizutaniv.Mills

Board of Patent Appeals and Interferences

Jul 7, 1999

08831036 (B.P.A.I. Jul. 7, 1999)

Patent No. 5,683,377, granted November 4, 1997, based 1
on Application 08/661,572, filed June 11, 1996. Assignor to
Uni-Charm Corporation.
Application 08/831,036, filed April 1, 1997. Accorded2
benefit of Application 08/547,210, filed October 24, 1995,
abandoned.
1
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(2) is not binding precedent of the Board.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. 38
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
SATOSHI MIZUTANI,
Junior Party,1
v.
SUE A. MILLS,
Senior Party. 2
_____________
Patent Interference No. 104,185
______________
Interference No. 104,185

2
Before METZ, PATE, MARTIN, Administrative Patent Judges.
PATE, Administrative Patent Judge.
Now comes the junior party Mizutani with a terminal
disclaimer of the involved patent and an abandonment of con-
test in Interference No. 104,185. Under 37 CFR § 1.662(a),
filing of such papers is to be construed as a request for
entry of adverse judgment. Accordingly, the following judg-
ment is entered.
Judgment
Judgment in Interference No. 104,185 is hereby
entered against the junior party, Satoshi Mizutani. Satoshi
Mizutani is not entitled to his patent containing claims 1
through 3, which claims correspond to the count in interfer-
ence. Judgment is entered in favor of Sue A. Mills, the
senior party. Sue A. Mills is entitled to a patent containing
claims 11 through 13, which claims correspond to the count in
interference.
ANDREW H. METZ )
Administrative Patent Judge )
Interference No. 104,185

3
)
)
) BOARD OF
PATENT
WILLIAM F. PATE, III ) APPEALS AND
Administrative Patent Judge ) INTERFER-
ENCES
)
)
)
JOHN C. MARTIN )
Administrative Patent Judge )
WFP:psb
Interference No. 104,185

4
Counsel for Junior Party Mizutani:
Michael G. Gilman
Lowe Hauptman Gopstein Gilman & Berner, LLP
1700 Diagonal Road
Suite 310
Alexandria, VA 22314
Counsel for Senior Party Mills:
Matthew P. Fitzpatrick
The Procter & Gamble Company
Winton Hill Technical Center
6100 Center Hill Avenue
Cincinnati, OH 45224