FURTHER ORDERED that the subject matter of Osiris Therapeutics, Inc. claims 1-3,
8, 12 and 13 is no impediment under the law to the issuance of a patent to Case Western Reserve
University;
FURTHER ORDERED that the subject matter of Case Western Reserve University
claims 2-5 is no basis for cancellation of any of Osiris Therapeutics, Inc. claims 1-3, 8, 12 and
13;
FURTHER ORDER-ED that a copy of this paper shall be made of record in files of
application 09/321,655 and U.S. Patent 6,030,836; and
FURTHER ORDERED that the files of application 09/321,655 and U.S. Patent
6,030,836 be returned to the examiner for further action consistent with this opinion'.
4LLY ARbNER LANE
ý NI
Administrative Patent Judge
BOARD OF PATENT
':5SA4LLY .'MEDLEY APPEALS
Administrative Patent Judge AND
INTERFERENCES
MICHAEL P. TIERNEY
Administrative Patent Judge
The examiner shall enter into the Osiris Therauptic Inc. 6,030,836 patent file record
Osiris' disclaimer of claim 18 (Paper 19). See 37 CFR § 1.321(a).
2
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