Pevarello et al. V. Lan et al. - Page 1

                                                                                                     Paper 86                         
               Filed by:                                                                                                              
               Michael P. Tierney                                                                                                     
               Administrative Patent Judge                                                                                            
               Mail Stop Interference                                                                                                 
               P.O. Box 1450                                                              Filed: January 12, 2007                     
               Alexandria Va 22313-1450                                                                                               
               Tel: 571-272-4683                                                                                                      
               Fax: 571-273-0042                                                                                                      
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          

                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                       (Michael P. Tierney)                                                           

                                           PAOLO PEVARELLO, MARIO VARASI,                                                             
                                            PATRICIA SALVATI and CLAES POST                                                           
                                                            Junior Party                                                              
                                                    (U.S. Patent No. 6,306,903),                                                      
                                                 NANCY C. LAN, YAN WANG,                                                              
                                                       and SUI XIONG CAI                                                              
                                                            Senior Party                                                              
                                                (U.S. Application No. 10/429,764).                                                    
                                                  Patent Interference No. 105,394                                                     
                                                 (Technology Center 1600)(MPT).                                                       
                                   JUDGMENT - PRELIMINARY MOTIONS - Bd. R. 127                                                        

               Before: HANLON, LANE and TIERNEY, Administrative Patent Judges.                                                        
               TIERNEY, Administrative Patent Judge.                                                                                  
        1              The Board has entered a Decision on Motions in this interference.  (Paper No. 84).  As                         
        2      discussed in the Decision, Lan lacks an enabling disclosure of a method of treating or                                 
        3      ameliorating pain, which is required by the count.  Accordingly, Lan's involved application lacks                      
        4      a constructive reduction to practice of an embodiment within the scope of the count and, as such,                      

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