NEMERSON et al. V. LAWN et al. V. LAWN et al. V. NEMERSON et al. - Page 1





    BoxInterferences@uspto.gov Paper65                                                                                                     
    571-272-979'7                                                                                                                          
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                         BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                              

                                                        YALE NEMERSON                                                                      
                                                and WILLIAM H. KONIGSBERG                                                                  
                                                  (08/297,581 and 08/473,262),                                                             
                                                           Junior Party,                                                                   
                                                                  V.                                                                       
                                                        GENENTECH, INC.                                                                    
                                                  (08/437,989 and 08/444,934),                                                             
                                                           Senior Party.                                                                   

                                                     Interference No. 105,134                                                              


                Before TORCZON, MEDLEY, and POTEATE, Administrative Patent Judges.                                                         
                TORCZON, Administrative Patent Judge.                                                                                      
                                                     JUDGMENT--RULE 127                                                                    
                        In view of the decision in Paper 64, it is:                                                                        
                        DECIDED that judgment on priority as to Count 1 is awarded against junior party                                    
                Nemerson;                                                                                                                  
                        FURTHER DECIDED that junior party Nemerson is not entitled to a patent                                             
                containing claims 15, 42, 43 & 45-48 of Nernerson's 08/297,581 application, which                                          
                correspond to Count 1;                                                                                                     
                        FURTHER DECIDED that junior party Nernerson is not entitled to a patent                                            
                containing claims 29-31, 33, 34, 36-39 & 44 of Nemerson's 08/473,262 application,                                          
                which correspond to Count 1; and                                                                                           










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