Ex Parte Kuslich - Page 1

                                  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                                       AND IS NOT BINDING PRECEDENT OF THE BOARD                                                                          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                                                                    


                                            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                                                                                                              

                         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.                                                        
                         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