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KUBOTA v. SHIBUYA

No. 92-1485.

999 F.2d 517 (1993)

Yuichi KUBOTA and Ako Watanabe, Appellants, v. Yoshiyuki SHIBUYA, Shigeo Daimon and Kazuo Okamura, Appellees.

United States Court of Appeals, Federal Circuit.

July 8, 1993.

Attorney(s) appearing for the Case

Steven B. Kelber, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Arlington, VA, argued, for appellants.

Michael G. Gilman, Nikaido, Marmelstein, Murray & Oram, Washington, DC, argued, for appellees. With him on the brief was Robert B. Murray.

Fred E. McKelvey, Sol. and Richard E. Schafer, Associate Sol., Office of the Solicitor, Arlington, VA, were on the brief for amicus curiae, U.S. Patent Trademark Office.

Before PLAGER, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.

LOURIE, Circuit Judge.

Yuichi Kubota and Ako Watanabe (hereinafter "Kubota") appeal from the February 27, 1992 decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences, as supplemented on reconsideration on May 15, 1992, awarding judgment in Interference No. 102,094 to Yoshiyuki Shibuya, Shigeo Daimon and Kazuo Okamura (hereinafter "Shibuya"). We vacate and remand.

BACKGROUND

This interference was declared...

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