Bass et al. V. Goldberg et al. - Page 1





         1                       The opinion in support of the decision being entered today was not written                      
         2                               for publication and is not binding precedent of the Board                               
         3                                                                                                                       
         4     Filed by: Trial Section Merits Panel                                                   Paper No.  73              
         5     Mail Stop INTERFERENCE                                                                                            
         6     Board of Patent Appeals and Interferences                                  Entered:  8 May 2007                   
         7     United States Patent and Trademark Office                                                                         
         8     P.O. Box 1450                                                                                                     
         9     Alexandria, Virginia 22313-1450                                                                                   
        10     Tel:  571-272-4683  Fax:  571-273-0042                                                                            
        11                                                                                                                       
        12                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
        13                                                                                                                       
        14                                                                                                                       
        15                                                                                                                       
        16                       BEFORE THE BOARD OF PATENT APPEALS                                                              
        17                                      AND INTERFERENCES                                                                
        1918                                                                                                                      
        20                                                                                                                       
        21                               JAY K. BASS, JOHN F. McENTEE,                                                           
        22                   TIM J. LAZARUK and MARYAM MOBED-MIREMADI                                                            
        23                                              Junior Party                                                             
        24                                         (Patent 6,649,348)1                                                           
        25                                                                                                                       
        26                                                     v.                                                                
        27                                                                                                                       
        28            MARTIN GOLDBERG, MARTIN DIGGELMAN, EARL HUBBELL                                                            
        29                 GLENN McGALL, NAM QUOC NGO, MACDONALD MORRIS,                                                         
        30              MEL YAMAMOTO, JENNIFER TAN and RICHARD P. RAVA                                                           
        31                                              Senior Party                                                             
        32                                     (Application 10/722,032)2                                                         
        33                                                                                                                       
        34                                                                                                                       
        35                                                                                                                       
        36                                 Patent Interference No. 105,422                                                       
        37                                                                                                                       
        38                                                                                                                       
        39                                                                                                                       
        39 Before LEE, MEDLEY and MOORE, Administrative Patent Judges.                                                           
        40                                                                                                                       
        41                                                                                                                       
        42     LEE, Administrative Patent Judge.                                                                                 
                                                                                                                                 
               1      Based on Application 09/896,572, filed June 29, 2001.  The real party in interest is Agilent               
               Technologies, Inc.                                                                                                
               2      Filed November 25, 2003.  Accorded the benefit of the filing dates of Application 09/716,507, filed        
               November 20, 2000, Application 09/244,568, filed February 4, 1999, and Application 08/634,053, filed              
               April 17, 1996.  The real party in interest is Affymetrix, Inc.                                                   





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