THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION
AND IS NOT BINDING PRECEDENT OF THE BOARD
Filed by: Trial Section Merits Panel Paper No. 50
Mail Stop INTERFERENCE
Board of Patent Appeals and Interferences
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450
Tel: 571-272-4626 Fax: 571-273-0942
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
STEPHEN D. KUSLICH, JAMES W. AHERN,
LEON J. GROBLER and STEVEN J. WOLFE
Junior Party
(Application 10/440,036)1
v.
STEPHEN HOCHSCHULER, WESLEY JOHNSON,
KEVIN L. NICKELS, THOMAS R. HEKTNER
LARRY WALES and TYLER LIPSCHULTZ
Senior Party
(Patent 6,740,093)2
_______________
Patent Interference No. 105,252
_______________
Before LEE, LANE and MEDLEY, Administrative Patent Judges.
JUDGMENT – REQUEST FOR ADVERSE – Bd.R. 127(b)
On April 7, 2005, senior party Hochschuler filed a paper requesting entry of adverse
judgment against the senior party as to all three counts in this interference (Paper No. 49). The
request is granted. It is
1
Filed May 16, 2003. Accorded the benefit of Application 09/909,667, filed July 20, 2001, and Application
60/219,853, filed July 21, 2000. The real party in interest is Spineology, Inc.
2
Based on Application 09/794,873, filed February 27, 2001. Accorded the benefit of Application 60/239,216, filed
October 10, 2000, Application 60/239,217, filed October 10, 2000, Application 60/220,303, filed July 24, 2000, and
Application 60/185,323, filed February 28, 2000. The real party in interest is Spine Wave, Inc.
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Last modified: November 3, 2007