BARBA et al. v. BREAKEFIELD et al - Page 2




                Interference No. 104,551                                                                  Paper No. 33                   
                Barba v. Breakefield                                                                             Page 2                  
                        FURTHER ORDERED that Barba is not entitled to a patent containing claims 1-9 of its                              
                involved patent, which correspond to Count 1;                                                                            
                        FURTHER ORDERED that, based on the record before us, senior party Breakefield is                                 
                entitled to a patent containing claim 38 of its involved application, which corresponds to                               
                Count 1; and                                                                                                             
                        FURTHER ORDERED that a copy of this decision be given a paper number and be                                      
                entered in the administrative record of Barba's involved patent and Breakefield's involved                               
                application.                                                                                                             



                                                     RICHARD TORCZON                                                                     
                                                     Administrative Patent Judge                                                         
                                                                                                BOARD OF PATENT                          
                                                                                                   APPEALS AND                           
                                                     CAROL A. SPIEGEL                             INTERFERENCES                          
                                                     Administrative Patent Judge                                                         
                                                                                                  INTERFERENCE                           
                                                                                                  TRIAL SECTION                          
                                                     SALLY GARDNER-LANE                                                                  
                                                     Administrative Patent Judge                                                         










                Notice:  Any agreement or understanding between parties to this interference, including any collateral agreements        
                referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing
                and a true copy thereof filed in the United States Patent and Trademark Office before termination of the interference as 
                between said parties to the agreement or understanding.  35 U.S.C. 135(c); 37 C.F.R. § 1.661.                            


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