FLECKENSTEIN et al. V. HAYWARD et al. - Page 2




                  Interference No. 105,251                                                                                 Paper 37                       
                  Johns Hopkins Univ. v. Dade Behring Marburg                                                                 Page 2                      
             1             FURTHER ORDERED that Dade Behring's claims corresponding to count 1,                                                           
             2    claims 36-38, 42, 48, 52, and 53, stand finally refused;                                                                                
             3             FURTHER ORDERED that Dade Behring's 09/230,048 application, which                                                              
             4    contains uninvolved claims, be returned to the examining corps immediately for such                                                     
             5    further action as the corps may deem proper; and                                                                                        
             6             FURTHER ORDERED that a copy of this decision be entered in the                                                                 
             7    administrative records of Dade Behring's 09/230,048 application and Johns Hopkins                                                       
             8    University's 6,264,958 patent.                                                                                                          

                                                      /Richard E. Schafer/                                                                                
                                                      Administrative Patent Judge                                                                         
                                                                                                       BOARD OF PATENT                                    
                                                      /Richard Torczon/                                                                                   
                                                                                                           APPEALS AND                                    
                                                      Administrative Patent Judge                                                                         
                                                                                                         INTERFERENCES                                    
                                                      /Sally C. Medley/                                                                                   
                                                      Administrative Patent Judge                                                                         

                  cc (via facsimile):                                                                                                                     
                  For Johns Hopkins University and the United States Government as represented by the                                                     
                           Secretary of the Department of Health and Human Services:  Sarah A. Kagan                                                      
                           and Joseph M. Skerpon, BANNER & WITCOFF, of Washington, D.C.                                                                   
                           Fax: 202-824-3001                                                                                                              
                  For Behring Diagnostics GmbH and New York University: David Jackson and                                                                 
                           Christine E. Deitzel, KLAUBER & JACKSON, of Hackensack, New Jersey.                                                            
                           Fax: 201-343-1684                                                                                                              





                  Notice: Agreements and understandings regarding the termination of an interference                                                      
                  are subject to filing requirements under 35 U.S.C. 135(c).                                                                              
                  Notice: In the event of judicial review, note the requirements of Bd. R. 8(b).                                                          

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