Ex Parte ROY - Page 1




                                      0                                                                                      

                                   The opinion in support of the decision being                                              
                               entered today is not binding precedent of the Board.                                          

                                                                                                Paper 15                     
              Filed by: Trial Section Motions Panel                                                                          
                             Administrative Patent Judge                                                                     
                             Mail Stop Interference Filed                                                                    
                             P.O. Box 1450 September 22, 2004                                                                
                             Alexandria, VA 22313-1450                                                                       
                             Tel: 703-308-9797                                                                               
                             Fax: 703-305-0942                                                                               

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                     


                                    BEFORE THE BOARD OF PATENT APPEALS                                                       
                                                 AND INTERFERENCES                                                           


                                                RONALD G. CRYSTAL,                                                           
                         ERIK FALCK-PEDERSEN, JASON GALL, IMRE KOVESDI, and                                                  
                                                 THOMAS J. WICKHAM                                                           

                                                    Junior Party                                                             
                                        (Application No. 09                                                                  
                                                                  ./613,431)',           FAXED                               

                                                           V.                          :3EP 2 2 2                            
                                                    SOUMITRA ROY, 2004                                                       

                                                    Senior Party PAT & TM. OFFICE                                            
                                             (Patent No. 5,922,315)2. 80AR0 OF PATENT APPEALS                                


                                          Patent Interference 105,234                                                        


               Before: TORCZON, LANE, and NAGUMO, Administrative Patent Judges.                                              

               NAGUMO, Administrative Patent Judge.                                                                          


                                               JUDGMENT-Rule 127(b)                                                          








                     Filed on 10 July 2000. Accorded benefit for priority of application                                     
               08/816,346, now U.S. Patent No. 6,127,525, filed on 13 March 1997. The real                                   
               parties in interest are Genvec, Inc., and Cornell Research Foundation, Inc.                                   
                  2 Based on application 08/788,674, filed 24 January 1997. The real party in                                
               interest is Genetic Therapy, Inc.                                                                             








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