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Bass et al. V. Goldberg et al. - Page 1





          1                        The opinion in support of the decision being entered today was not written                            
          2                                for publication and is not binding precedent of the Board                                     
          3                                                                                                                              
          4     Filed by: Trial Section Merits Panel                                                        Paper No.  74                
          5     Mail Stop INTERFERENCE                                                                                                   
          6     Board of Patent Appeals and Interferences                                     Entered:  8 May 2007                       
          7     United States Patent and Trademark Office                                                                                
          8     P.O. Box 1450                                                                                                            
          9     Alexandria, Virginia 22313-1450                                                                                          
         10     Tel:  571-272-4683  Fax:  571-273-0042                                                                                   
         11                                                                                                                              
         12                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   
         13                                                                                                                              
         14                                                                                                                              
         15                                                                                                                              
         16                        BEFORE THE BOARD OF PATENT APPEALS                                                                    
         17                                        AND INTERFERENCES                                                                     
         1918                                                                                                                             
         20                                                                                                                              
         21                                JAY K. BASS, JOHN F. McENTEE,                                                                 
         22                      TIM J. LAZARUK, MARYAM MOBED-MIREMADI,                                                                  
         23                                       and BRENT T. TOLOSKO                                                                   
         24                                                Junior Party                                                                  
         25                                           (Patent 6,790.620)1                                                                
         26                                                                                                                              
         27                                                        v.                                                                    
         28                                                                                                                              
         29            MARTIN GOLDBERG, MARTIN DIGGELMAN, EARL HUBBELL                                                                   
         30              GLENN McGALL, NAM QUOC NGO, MACDONALD MORRIS,                                                                   
         31               MEL YAMAMOTO, JENNIFER TAN and RICHARD P. RAVA                                                                 
         32                                                Senior Party                                                                  
         33                                       (Application 11/224,052)2                                                              
         34                                                                                                                              
         35                                                                                                                              
         36                                                                                                                              
         37                                   Patent Interference No. 105,424                                                            
         38                                                                                                                              
         39                                                                                                                              
         40                                                                                                                              
         40 Before LEE, MEDLEY and MOORE, Administrative Patent Judges.                                                                  
         41                                                                                                                              
         42                                                                                                                              
         43     LEE, Administrative Patent Judge.                                                                                        
                                                                                                                                         
                1      Based on Application 10/035,787, filed December 24, 2001.  The real party in interest is Agilent                  
                Technologies, Inc.                                                                                                       
                2      Filed September 13, 2005.  Accorded the benefit of Application 10/722,032, filed November 25, 2003,               
                Application 09/716,507, filed November 20, 2000, Application 09/244,568, filed February 4, 1999, and                     
                Application 08/634,053, filed April 17, 1996.  The real party in interest is Affymetric, Inc.                            





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