BURMEISTER et al - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                             
                                   AND IS NOT BINDING PRECEDENT OF THE BOARD                                                             
                Filed by: Trial Section Merits Panel                                                          Paper No. 8                
                Box Interference,  Washington, D.C.  20231                                                                               
                Tel:  703-308-9797                                                                                                       
                Fax:  703-305-0942                                                                                                       
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                                                                                                        
                                                          LUTZ FREITAG,                                                                  
                                                             Junior Party,                                                               
                                                          (Patent 5,601,593)1                                                            
                                                                   v.                                                                    
                                     PAUL H. BURMEISTER, CHARLES L. EUTENEUER,                                                           
                                         BRIAN J. BROWN, PAUL J. FORDENBACHER                                                            
                                                      and ANTHONY C. VRBA                                                                
                                                             Senior Party,                                                               
                                                      (Application 08/737,492)2                                                          
                                                                                                                                        
                                                   Patent Interference No. 105,036                                                       
                                                                                                                                        
                Before SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                                           
                LEE, Administrative Patent Judge.                                                                                        
                                                              Judgment                                                                   


                        1      Based on application 08/517,162, filed August 18, 1995.  The real party in interest is                    
                Willy Rusch AG.                                                                                                          
                        2      Filed March 19, 1997.  Accorded the benefit of application 08/246,320, filed May                          
                19, 1994; and PCT/US95/06228, filed March 18, 1995.  The real party in interest is Scimed Life                           
                Systems, Inc.                                                                                                            





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