Mimura et al.v.Yoshitomo et al.

Patent Trial and Appeal BoardOct 20, 2015

12487083 (P.T.A.B. Oct. 20, 2015)

BoxInterferences@uspto.gov Paper 20 Tel: 571-272-9797 Entered: 20 October 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ AKIRA YOSHITOMO and TATSUYA IWAI, Junior Party Application 13/000,191 v. TAKEYOSHI MIMURA and MAKIKO IRIE, Senior Party Patent 8,278,022 B2. Patent Interference No. 106,033 (McK) Technology Center 1600 Before FRED E. McKELVEY, SALLY GARDNER LANE, and DEBORAH KATZ, Administrative Patent Judges. McKELVEY, Administrative Patent Judge. JUDGMENT In view of an express abandonment of involved Yoshitomo application 1 13/000191, and for the reasons given in a MEMORANDUM OPINION and 2 ORDER entered concurrently with this JUDGMENT, it is 3 Interference No. 106,033 Judgment -2- ORDERED that judgment is entered against Junior Party Akira Yoshitomo, 1 Tatsuya Iwai, and Honshu Chemical Industry Co., Ltd. as to Count 1(Paper 1, 2 page 5), the sole count in this interference; 3 FURTHER ORDERED that claims 2, 3, and 6 of Yoshitomoâ€™s involved 4 application 13/000,191 are FINALLY REFUSED, 35 U.S.C. 135(a); 5 FURTHER ORDERED that a copy of this judgment be entered in the 6 administrative records of 7 (1) involved Mimura U.S. Patent 8,278,022 B2 and 8 (2) involved Yoshitomo application 13/000,191. 9 FURTHER ORDERED that a party seeking judicial review timely serve 10 notice on the Director of the United States Patent and Trademark Office. 11 37 C.F.R. Â§Â§ 90.1 and 104.2. 12 13 NOTICE: "Any agreement or understanding between parties to an interference, 14 including any collateral agreements referred to therein, made in connection with or 15 in contemplation of the termination of the interference, shall be in writing and a 16 true copy thereof filed in the Patent and Trademark Office before the termination 17 of the interference as between the said parties to the agreement or understanding." 18 35 U.S.C. 135(c); see also 37 C.F.R. Â§ 205 (settlement agreements). 19 20 Interference No. 106,033 Judgment -3- For Junior Party: 1 2 Katsuhiro Arai 3 Naoki Miki 4 Law Office of Katsuhiro Arai 5 karai@kapatlaw.com 6 nmiki@kapatlaw.com 7 8 For Senior Party: 9 10 Glen L. Nuttall 11 Clifford O. Chi 12 Klein Oâ€™Neill & Singh, LLP 13 gnuttall@koslaw.com 14 cchi@koslaw.com 15

Mimura et al. V. Yoshitomo et al.