WALLEN et al. V. WALLEN et al. V. SRIVASTAVA - Page 1






  BoxInterferences@uspto.gov Paper108                                                                                         
  703-308-9-797                                                                                                               
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                      BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                    

                                           UNIVERSITY OF NEW MEXICO                                                           
                                        (5,747,332, 6,066,71:6, and 6,433,141),                                               
                                                      Junior Party,                                                           
                                                            V.                                                                
                                                FORDHAM UNIVERSITY                                                            
                                                      (09/090ý1,754),                                                         
                                                      Senior Party.                                                           

                                                Interference No. 104,761                                                      


              Before SCHAFER, TORCZON, and SPIEGEL, Administrative Patent Judge                                               
              TORCZON, Administrative Patent Judge.                                                                           
                                         DECISION ON RECONSIDERATION                                                          
                                                    and JUDGMENT                                                              
                                           (PURSUANT TO 37 CFR § 1.658)                                                       
                                                    INTRODUCTION                                                              
                      Following a decision on motions (Paper 98), the University of New Mexico [UNMI                          
               was placed under an orderto show cause (Paper 99)why judgment should not be                                    
               entered against UNM. The order to show cause noted that UNM, as junior party, failed                           
               to overcome Fordham's effective filing date. In the decision on motions, UNM's attack                          
               on Fordham's effective filing date also failed. The order to show cause also noted a                           
               pending Fordham motion to add another UNM patent to the interferenoe.                                          
                      In response, both parties have requested reconsideration of the decision on                             
               motions, UNM has responded to the order to show cause, and UNM has opposed                                     









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