BUIRGE et al. V. BADYLAK et al. - Page 1


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                                            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                                        entered today is not binding precedent of the Board                                                    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. 41                                                                               
                       Mail Stop WfERFERENCE                                                                                                   
                       Board of Patent Appeals and Interferences, USPTO                                                                        
                       P. 0. Box 1450                                                                                                          
                       Alexandria, Virginia 22313-1450                                                                                         
                       Tel: 571-272-9797 Fax: 571-273-0942                                                                                     
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   

                                         BEFORE THE BOARD OF PATENT APPEALS                                                                    
                                                      AND INTERFERENCES                                                                        

                                       STEPBEN F. BADYLAK, ANDREW W. BUIRGE, FAXED                                                             
                                        PAUL J. BUSCEMI and PAUL H. BURMEISTER                                                                 
                                                              Junior Party DEC 14 20                                                           
                                                      (Application 09/116,734),                                                                
                                                                   V PAT& TM OFF'CE                                                            
                                                                                                a ARD F [;ý' TAPP                              
                                                                                                      DI E                                     
                                           ANDREW W. BUIRGE, PAUL J. BUSCEMI                                                                   
                                                   and PAUL H. BURMEISTER,                                                                     
                                                              Senior Party                                                                     
                                                          (Patent 5,693,085).                                                                  

                                                   Patent Interference No, 105,216                                                             

                Before McKELVEY, Senior Administrative Patent Judge, LEE and MEDLEY, Administrative                                            
                Patent Judges.                                                                                                                 
                LEE, Administrative Patent Judg                                                                                                
                                                      Judgment - Bd. Rule 127                                                                  
                        This interference was declared on April 29, 2004. The sole issue is inventorship. The                                  
                parties agreed (see Paper 34) to have the Board enter adverse judgment against the junior party                                
                if a joint motion to correct the inventorship of the senior party's involved patent, by adding                                 








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