SCOTT et al. V. ELSBACH et al. - Page 2




                 Interference No. 104,042                                                                                                               


                                                               ______________                                                                           
                                               Patent Interference No. 104,042                                                                          
                                                              _______________                                                                           


                 Before URYNOWICZ, SOFOCLEOUS, CAROFF, Administrative Patent                                                                            
                 Judges.                                                                                                                                
                 CAROFF, Administrative Patent Judge.                                                                                                   
                                                                    JUDGMENT                                                                            
                          The junior party patentee, Scott et al., through its                                                                          
                 assignee,  Incyte Pharmaceuticals, Inc., has filed a request3                                                                                                                     
                 for entry of an adverse judgment (Paper No. 15) pursuant to 37                                                                         
                 CFR    § 1.662(a), and a statutory disclaimer of the subject                                                                           
                 matter of involved Scott patent claim 1 (Paper No. 16)                                                                                 
                 pursuant to        35 U.S.C. § 253.  Accordingly, judgment is                                                                          
                 hereby entered as follows:                                                                                                             
                          Judgment as to the subject matter of the sole count in                                                                        
                 issue is hereby awarded to Elsbach et al, the senior party.                                                                            
                 Scott et al. are not entitled to their patent claim 1                                                                                  


                 5,198,541, granted March 30, 1993; 07/762,730, filed                                                                                   
                 September 17, 1991, now abandoned; and 07/228,035, filed                                                                               
                 August 5, 1988, now abandoned.                                                                                                         
                          3Pursuant to 37 CFR § 1.643(a), the assignee is entitled                                                                      
                 to prosecute this interference.                                                                                                        
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