The opinion in support of the decision being entered is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte BRUCE ALAN SULLENGER
and THOMAS ROBERT CECH1
__________
Appeal No. 2006-0735
Reexamination Control No. 90/006,036
__________
HEARD: 4 April 2006
__________
Before TORCZON, LANE, and NAGUMO, Administrative Patent Judges.
LANE, Administrative Patent Judge.
DECISION ON APPEAL-37 CFR § 41.50
I. Introduction
The patent under reexamination is U.S. Patent 5,854,038, issued on 29 December 1998
from application 08/324,362, filed 14 October 1994.
Claims 1-4, 6-10, 12, and 13 have been rejected by the examiner under 35 U.S.C.
§ 102(e) and 35 U.S.C. § 102(b). We AFFIRM the rejection under 35 U.S.C. § 102(e) and
REVERSE the rejection under 35 U.S.C. § 102(b).
1 According to patentee, the real party in interest is Sima Therapeutics, Inc., which
is the licensee of the University of the Board of Regents of the University of Colorado, to whom
the invention is assigned. (Appeal Brief (“Brief”) at 4).
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