KIRBY et al. V. BOFFITO et al. - Page 1






                          Merits Panel                                                                                                                                                Paper 5                                 
                          Mail Stop Interference                                                                                                                                                                              
                          P.O. Box 1450                                                                                                                                  Filed 27 June 2005                                   
                          Alexandria Va 22313-1450                                                                                                                                                                            
                          Tel: 571-272-9797                                                                                                                                                                                   
                          Fax: 571-273-0042                                                                                                                                                                                   

                                                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                                                           
                                                                                              _______________                                                                                                                 

                                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                                                         
                                                                                        AND INTERFERENCES                                                                                                                     
                                                                      (Administrative Patent Judge Sally C. Medley)                                                                                                           
                                                                                              _______________                                                                                                                 

                                                                           DAVID B. KIRBY and NIHAT O. CUR                                                                                                                    
                                                                                                    Junior Party                                                                                                              
                                                                                    (Patent 5,532,034, 5,505,810),                                                                                                            

                                                                                                             v.                                                                                                               

                                                                    CLAUDIO BOFFITO, ANTONIO SCHIABEL                                                                                                                         
                                                                        and ALLESSANDRO GALLITOGNOTTA                                                                                                                         
                                                                                                    Senior Party                                                                                                              
                                                                                        (Application 08/675,969).                                                                                                             
                                                                                              _______________                                                                                                                 

                                                                       Patent Interference No. 105,311 and 105,3121                                                                                                           
                                                                                              _______________                                                                                                                 


                          Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and MEDLEY,                                                                                                                       
                          Administrative Patent Judges.                                                                                                                                                                       

                          MEDLEY, Administrative Patent Judge.2                                                                                                                                                               

                                                                                          Judgment - Bd.R. 204                                                                                                                




                          15,532,034 is involved in 105,311 and 5,505,810 is involved in 105,312.                                                                                                                             
                          2As part of Board efforts under the Government Paperwork Elimination Act, signatures on papers originating from the                                                                                 
                          Board are being phased out in favor of a completely electronic record.  Consequently, subsequent papers in this case                                                                                
                          originating at the Board will not have signatures.  The signature requirements for the parties have not changed.  See, e.g.,                                                                        
                          37 CFR § 1.18.                                                                                                                                                                                      

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