Sugiyama et al.v.Zarian et al.

Board of Patent Appeals and Interferences

Nov 7, 2002

08576337 (B.P.A.I. Nov. 7, 2002)

The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 42
Filed by: Trial Section Motions Panel
Box Interference Filed: November 7, 2002
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPI ýALSFAXED
AND INTERFERENCES
NOV - 7 2002
PAT. & T.M. OFFICE
JAMES R. ZARIAN, SCOTT D. DILI BOARD OF AND INTERFERENCES
Junior Party
(Application 09/007,402),
V.
HIDEO SUGIYAMA, MASATO SUGIMACHI, MASATO YOSHIKAWA,
MINORU ISHIHARADA, ITSUO TANUMA,
KAZUO NAITO and ATSUSHI HOTTA
Senior Party,
(Patent 5,684,913).
Patent Interference No. 104,704
Before: SCHAFER, TORCZON and TIERNEY, Administrative Patent Judges.
TIERNEY, Administrative Patent Judge.
FINAL JUDGMENT
Junior party Zarian has requested entry of adverse judgment and concedes that senior
party Sugiyama is the prior inventor of the subject matter of Count 1, the sole count in
interference. (Zarian Request for Adverse Judgment, Paper No. 40). Upon consideration of the
record, it is:
Interference No. 104,704
Page No. 2
ORDERED that judgment on priority as to Count I (Notice Declaring Interference,
Paper No. 1, page 5), the sole count in the interference, is awarded against junior party Zarian.
FURTHER ORDERED that junior party Zarian is not entitled to a patent containing
claims 7-11 of Zarian, U.S. Application No. 09/007,402.
FURTHER ORDERED that a copy of this final decision shall be placed and given a
paper number in the file of Zarian, U.S. Application No. 09/007,402 and Sugiyama, U.S. Patent
No. 5,684,913.
FURTHER ORDERED that if there is a settlement agreement, attention is directed to
35 U.S.C. § 135(c) and 37 CFR § 1.661.
ý1ý2 2:
RICHARD E. SCHIR4
Administrative Patent Judge
BOARD OF PATENT
CH2ARDTORCZON APPEALS
Administrative Patent Judge AND
INTERFERENCES
-171z 7-,,
MICHAEL P. TIERNEY
Administrative Patent Judge
Interference No. 104,704
Page No. 3
cc (via Facsimile):
Attorney for Sugiyama:
Kenneth J. Burchfiel
Sughrue, Mion, Zinn, MacPeak & Seas
2 100 Pennsylvania Avenue, NW
Suite 800
Washington, DC 20037-3202
Tel: (202) 293-7060
Tel: (202) 663-7941 (Burchfiel)
Fax: (202) 293-7860
Attorney for Zari an:
Jon E. Hokanson
Small, Larkin, LLP
10940 Wilshire Boulevard
Eighteenth Floor
Los Angeles, CA 90024-3945
Tel: (310) 209-4499 (Hokanson)
Fax: (310) 209-4450