STILLER v HEID et al. - Page 2




                Findings of Fact                                                                                                         
                        The following findings are supported by a preponderance of the evidence.                                         
                F  1. This interference is between Application 09/101,663 and Patent 5,895,628.                                          
                F  2.   The Stiller application is said to be assigned to                                                                
                                                        Helmut Goldbecker                                                                
                                                        Fuhrenkamp 21                                                                    
                                                        D-30916 Isernhagen, Germany                                                      
                        Paper 5.                                                                                                         
                F  3. The Heid patent is said to be  assigned to Microm International Gmbh.  Paper 14.                                   
                F  4.   The subject matter of the interference relates to devices for transporting medical specimens.                    
                F  5. Heid’s Claim 18 is representative of Heid’s claimed subject matter (indentation added):                            
                                18.     Apparatus for treatment of specimens, comprising:                                                
                                a plurality of treatment containers representing treatment stations, and                                 
                                a transport device                                                                                       
                                        for specimen holders                                                                             
                                        transporting the specimen holders between said treatment stations,                               
                                        said transport device comprising                                                                 
                                                a vertical guide,                                                                        
                                                a receiving device and                                                                   
                                                a unit movably arranged at said transport device,                                        
                                        wherein said receiving device is designed to pick up said specimen holders,                      
                                        wherein said unit is brought under said specimen holders                                         
                                                during transport of said specimen holders between said treatment                         
                                                        stations, and                                                                    
                                        wherein said receiving device and said unit are vertically movably guided,                       
                                                independently of each other, on said vertical guide.                                     
                F  6.   Stiller’s Claim 9 is representative of Stiller’s claimed subject matter (indenting added):                       
                                9.      A transport device  for  conveying  at  least  one  sample holder                                
                                containing a medical specimen comprising:                                                                
                                        (a)     a carriage conveyed horizontally in at least one axis;                                   
                                        (b)     a vertically movable hoisting device;                                                    
                                        (c)     a coupling element for the sample holder arranged on the hoisting                        
                                                        device;                                                                          
                                        (d)     a collecting  device  for  liquid dripping  off  the  sample  holder                     
                                                        positioned beneath the sample holder while the sample holder                     
                                                        is being conveyed.                                                               



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