The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper 240
Filed by: Trial Section Merits Panel
Box Interference Filed: May 3, 2002
Washington, D.C. 20231
Tel: 703-308-9797 FAXED
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UNITED STATES PATENT AND TRADEMARK OFFICE MAY43
IsAy,. & T.M. OFFICE
BEFORE THE BOARD OF PATENT APPEALS BOW OF PATENT A
AND INTERFERENCES ANDI14TERFEREWES
YUNG-CHI CHENG,
Junior Party,
(Application 08/463,960)
V,
BERNARD BELLEAU, Deceased,
by PIERRETTE BELLEAU and NGHE NGUYEN-BA,
Senior Party,
(Patent 5,532,246 and Reissue Application 09/585,431)
Patent Interference No. 104,396
Before: McKELVEY, Senior Administrative Patent Judge, and GARDNER-LANE and
TIERNEY, Administrative Patent Judges.
TIERNEY, Administrative Patent Judg .
FINAL JUDGMENT
As discussed in the Memorandum, Opinion and Order, Belleau has convincingly
demonstrated that the racemate and the (-)-enantiomer are separate patentable inventions. (Paper
No. 233, p. 50). As such, the interference was redeclared with new Counts 4 and 5, which read
as follows:
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