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Interference No. 104,290
FINAL DECISION UNDER 37 CFR § 1.658
This is the second part of a bifurcated final decision
in Interference No. 104,290. The first part was rendered by a
trial section merits panel on April 23, 2002, and May 17, 2002
(Paper Nos. 348 and 351). We also herein make final a motions
panel's decision granting LeVeen's preliminary motion 1, dated
February 23, 2001, and contained in Paper No. 246. Accordingly,
the decision on LeVeen's preliminary motion I is now merged with
the two-part final decision.
The junior party inventor is Robert F. LeVeen. The
junior party application is assigned to the University of
Nebraska Medical Center, which has exclusively licensed the Radio
Therapeutics Corporation. Radio Therapeutics Corporation is a
subsidiary of Boston Scientific Corporation. The senior party
inventors are Stuart D. Edwards, Ronald G. Lax, and Hugh
Sharkey.' The senior party patent is assigned to Rita Medical
System, Inc.
The invention is directed to a radio frequency (rf)
electric current probe for hyperthermic treatment of tumors in an
3 The senior party will henceforth be referred to in the
singular, i.e., Edwards.
2
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