The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper88
Filed by: Interference Trial Section Merits Panel
Box Interference Filed
Washington, D.C. 20231 18 March 2003
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFI E MAILED
BEFORE THE BOARD OF PATENT APPEALS MAR 1 8 2003
AND INTERFERENCES PAT 8, TM OFFICE
BOARD OF PATiNTAPPEALS
AND INTERFERENCES
NIKOLAI S. STRELCHENKO, JEFFREY M. BETTHAUSER,
GAIL L. JURGELLA, MARVIN M. PACE and MICHAEL D. BISHOP,
Junior Party,
(Application 09/357,445),
V.
UNIVERSITY OF MASSACHUSETTS,
Senior Party
(Patents 5,945,577 and 6,215,041 and 6,235,969).
Patent Interference 104,808
Before: SCHAFER, TORCZON and NAGUMO, Administrative Patent Judges.
SCHAFER, Administrative Patent Judg .
DECISION ON UNIVERSITY OF MASSACHUSETTS'PRELIMINARY
MOTION NO. 1 AND FINAL JUDGMENT
The University of Massachusetts (Stice) has filed a preliminary motion seeking ajudgment
that all of Strelchenko's involved claims are barred by the provisions of 35 U.S.C. § 135(b)(1).
Paper 23. An oral argument on the motion was held on March 10, 2003. We grant the motion and
enter judgment against Strelchenko.
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