The opinion in support of the decision being entered
today is not binding precedent of the Board
Filed by: Trial Section Merits Panel Paper No. 23
Mail Stop interferences
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UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
FAXED
OSIRIS THERAPEUTICS, INC OR 2 2 2004
Junior Party,
(Patent 6,030,836), PAT. & .TM. OFFICE
aOARI) OF PATENT APPEALS
V. ANo INTFRFEItENCES
CASE WESTERN RESERVE UNIVERSITY
Senior Party,
(Application 09/321,655).
Patent Interference No. 105,197
Before LANE, MEDLEY, and TIERNEY Administrative Patent Judges.
MEDLEY, Administrative Patent Judiz .
JUDGMENT -- NO INTERFERENCE-IN-FACT
Upon consideration of the record, it is
ORDERED that in view of the three-judge merits panel decision (Paper 22) that there is
no interference-in-fact, final judgment is entered that there is no interference-in-fact between (1)
Osiris Therapeutics, Inc. claims 1-3, 8, 12 and 13, and (2) Case Western Reserve University
claims 2-5;
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Last modified: November 3, 2007