JOHNSON et al. V. ULLRICH et al. - Page 1




                                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                        
                          The opinion in support of the decision being entered                                                                          
                          today (1) was not written for publication in a law                                                                            
                          journal and (2) is not binding precedent of the                                                                               
                          Board.                                                                                                                        
                                                                                                               Paper No. 37                             

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                             ________________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                             ________________                                                                           

                                        JEFFREY D. JOHNSON and WILLIAM J. RUTTER                                                                        
                                                         and JEFFREY C. EDMAN                                                                           
                                                               Junior Party,1                                                                           
                                                                          v.                                                                            
                                                  AXEL ULLRICH and FRANK ALVES                                                                          
                                                               Senior Party.2                                                                           
                                                             ________________                                                                           
                                                      Interference No. 103,826                                                                          
                                                                                                                                                       
                                                                                                                                                       
                 Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent                                                                         
                 Judges.                                                                                                                                


                          1Application No. 08/292,299, filed August 16, 1994.                                                                           
                 Accorded Benefit of U.S. Application No. 08/077,254, filed                                                                             
                 June 14, 1993, now abandoned.  Assignors to The Regents of the                                                                         
                 University of California, a California Corporation.                                                                                    
                          2Application No. 08/153,397, filed November 16, 1993.                                                                         
                 Assignor to Max Planck Gesellschaft Zur Förderung der                                                                                  
                 Wissenschaften.                                                                                                                        
                                                                         -1-                                                                            




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