Staub et al. V. Maliga et al. - Page 1




                                                                                                          Paper 29                   
               Mail Stop Interference                                                                                                
               P.O. Box 1450                                                                 Filed September 22, 2006                
               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                                                                

                                                     JEFFREY M. STAUB,                                                               
                                PETER H.J. HAJDUKIEWICZ, and LARRY GILBERTSON,                                                       
                                                           Junior Party                                                              
                                                       (Patent 6,849,778),                                                           
                                                                 v.                                                                  
                                                          PAL MALIGA                                                                 
                                                   and SYLVIE CORNEILLE                                                              
                                                           Senior Party                                                              
                                                   (Application 10/088,634).                                                         
                                               Patent Interference No. 105,420                                                       
                                                   (Technology Center 1600)                                                          

               Before McKelvey, Senior Administrative Patent Judge, and Delmendo and Lane,                                           
               Administrative Patent Judges.                                                                                         
       1                                                                                                                             
       2                             JUDGMENT-NO INTERFERENCE-IN-FACT–BD.R. 127                                                      
       3               The joint motion of the parties for a judgment of no interference-in-fact (Paper                              
       4       27) has been granted.  (Paper 28).                                                                                    
       5               Upon consideration of the record and for reasons given, it is                                                 
       6                       ORDERED that there is no interference-in-fact between claims 1-4 of                                   
       7       Staub’s 6,849,778 patent and claims 1-21 of Maliga’s 10/088,634 application;                                          
       8                       FURTHER ORDERED that, if there is a settlement agreement, the parties                                 
       9       are directed to 35 USC § 135(c) and Bd. R. 205; and                                                                   





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