The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 36
Filed by: Interference Trial Section Merits Panel
Mail Stop Interference
P. 0. Box 1450 Filed:
Arlington, VA 22313-1450 21 November 2063
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFiCE
BEFORE THE BOARD OF PATENT APPEALS
: AND INTERFERENCES
UNIVERSITY OF MASSACHUSETTS,
Junior Party,
(Patent 5,905,042), I AXED
V. 2 1 P003
INFIGEN, INC.
Senior Party
(Application 09/573,044).
Patent Interference No. 105,063
DECISION ON PRELIMINARY MOTION,
FINAL JUDGMENT AND ORDER
Before: FRED McKELVEY, Senior Administrative Patent Judtze and RICHARD E. SCHAFER and
JAMES T. MOORE, Administrative Patent Judges.
RICHARD E. SCHAFER, Administrative Patent Judge.
The University of Massachusetts (UMass) has filed a preliminary motion under 37 CFR
§ 1.633(g) (Paper 29) attacking the benefit of the December 23, 1993, filing date of Application No.
08/172,385 accorded to Infigen. We deny the motion. Since no other preliminary motions remain
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