2. Steven Parmelee, counsel for the Regents for the University of California
3. Heidi Nebel, counsel for Cold Spring Harbor Laboratory
During the conference call, Ms. Nebel informed the APJ that Cold Spring Harbor
Laboratory would not be contesting the interference. This abandonment of contest is consistent
with their failure to file papers identifying lead and backup counsel and the real party in interest.
(See, Standing Order, Paper No. 2, sections 4 and 5). Pursuant to 37 CFR § 1.662(a), Senior
Party ‘s abandonment of the contest is treated as a request for adverse judgment as to Count 1,
the sole count in interference.
B. Order
Upon consideration of the record, and for the reasons given, it is:
ORDERED that judgment on priority as to Count 1 (Notice Declaring Interference,
Paper No. 1, page 6), the sole count in the interference, is awarded against Senior Party Cold
Spring Harbor Laboratory.
FURTHER ORDERED that Senior Party Cold Spring Harbor Laboratory is not entitled
to a patent containing claims 1-7 and 11-17 of Grossniklaus et al., U.S. Patent No. 6,239,327.
FURTHER ORDERED that a copy of this Judgment shall be placed and given a paper
number in the file of Regents for the University of California (Fischer et al.), U.S. Application
No. 09/071,838 and Cold Spring Harbor Laboratory (Grossniklaus et al.), U.S. Patent No.
6,239,327.
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Last modified: November 3, 2007