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), v. 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,Page: 1 2 3 Next
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