FLECKENSTEIN et al. V. HAYWARD et al. - Page 1

 Mail Stop INTERFERENCES                                         Not binding precedent                                                                    
 P.O. Box 1450                                                                                                                                            
 Alexandria, Virginia 22313-1450                                                                                                                          
 Tel: 571-272-9797                                                                                                                                        
 Fax: 571-273-0042                                                                                                         Paper 37                       
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                          
                            BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                                          
                                                       Patent Interference No. 105,251                                                                    
                                                          Johns Hopkins University                                                                        
                   and the United States Government as represented by the Secretary of the Department                                                     
                                                        of Health and Human Services                                                                      
                                                                (US 6,264,958 B1),                                                                        
                                                                    Junior Party,                                                                         
                                                                           v.                                                                             
                                                       Dade Behring Marburg GmbH                                                                          
                                                            and New York University                                                                       
                                                                    (09/230,048),                                                                         
                                                                    Senior Party.                                                                         
                                                         Entered:  21 December 2005                                                                       

                                                  Judgment - Bd. R. 127(b) - Requested                                                                    
                  Before SCHAFER, TORCZON, and MEDLEY, Administrative Patent Judges.                                                                      
                  TORCZON, Administrative Patent Judge.                                                                                                   
             1             Senior party Dade Behring has requested entry of adverse judgment against                                                      
             2    itself (Paper 36).  Dade Behring further requests that its application be returned to the                                               
             3    examiner.  The requests are GRANTED.                                                                                                    
             4                                                      JUDGMENT                                                                              
             5             Upon consideration of Dade Behring's request for entry of adverse judgment, it                                                 
             6    is—                                                                                                                                     
             7             ORDERED that judgment be entered against Dade Behring on priority for the                                                      
             8    subject matter of count 1, the sole count;                                                                                              







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