Shin et al. V. Elsener et al. - Page 1




                          THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION                                                                 
                                AND IS NOT BINDING PRECEDENT OF THE BOA"                                                                
                                                                    MAILED Paper No. 40                                                 
            Filed by: Trial Section Merits Panel                                                                                        
            Mail Stop INTERFERENCE                                                                                                      
            Board of Patent Appeals and Interferences                                                                                   
            United States Patent and Tradenwk Office JUL 2 0 2004                                                                       
            P.O. Box 1450                                                                                                               
            Alexandria, Virginia 22313-1450 PAT & TM. OFF)CE                                                                            
            Tel: 703-308-9797 Fax: 703-305-0942 BOARP OF PATENT APPEALS                                                                 
                                                          I AND INTERFERENCES                                                           
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                               

                                      BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                   AND INTERFERENCES                                                                    

                                         DONAT ELSENER and DANIEL RYSER,                                                                
                                                          Junior Party,                                                                 
                                                     (Patent 6,555,792 BI)'                                                             
                                                                V.                                                                      
                                 HON SrU SHIN, JEW KWEE GUI, ADRIAN FAWCETT,                                                            
                                  KENNETH P. CHAO, GARY L. BORDENKIRCHER,                                                               
                                   JESSICA BARZILAI AND DONALD R. SANDELL,                                                              
                                                          Senior Party                                                                  
                                                   (Application 09/496,408)'                                                            

                                                Patent Interference No. 105,141                                                         

            Before SCHAFER, LEE and MEDLEY, Administrative Patent Judges.                                                               
            LEE, Administrative Patent Judge.                                                                                           
                                                  JUDGMENT - RULE 602                                                                   

                         Based on Application 09/672,726, filed September 28, 2000. The real party in                                   
            interest is Applera Corporation. Paper No. 3 6.                                                                             
                         Filed February 2, 2000. The real party in interest is Applera Corporation.                                     
                                                                I                                                                       







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