SYNGENTA v. BAYER - Page 1




  MAIL STOP INTERFERENCE                                                                                       Paper 26                  
  ALEXANDRIA VA  22313-1450                                                                                                              
  703-308-9797                                                                                                                           
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
  703-305-0942 (fax)                                                                                                                     
                           BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                          

                                               SYNGENTA PARTICIPATIONS AG                                                                
                                                             (09/032,086),                                                               
                                                             Junior Party,                                                               
                                                                   v.                                                                    
                                                  BAYER CROPSCIENCE GmbH                                                                 
                                                  and BAYER BIOSCIENCE N.V.                                                              
                                                             (09/147,993),                                                               
                                                             Senior Party.                                                               

                                                       Interference No. 105,041                                                          


                Before LEE, TORCZON, and SPIEGEL, Administrative Patent Judges.                                                          
                                         DECISION ON MOTIONS and JUDGMENT                                                                
                                         (PURSUANT TO 37 CFR §§ 1.640 and 1.662(a))                                                      
                                                          INTRODUCTION                                                                   
                        The parties have moved jointly to have certain Syngenta claims designated as not                                 
                corresponding to the count (Paper 20).  Contingent on the grant of that motion, Syngenta has                             
                requested adverse judgment under 37 C.F.R. § 1.662(a) (Paper 22).  The motion is granted and                             
                consequently judgment is entered.                                                                                        
                                                          FACT FINDINGS                                                                  
        [1]     The parties would like claims 43-51, 56, 94-102, and 107 of the Syngenta application to be                               
                redesignated as not corresponding to the count (Paper 20 at 2).                                                          








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