HUMAN GENOME SCIENCES, INC. V. SHIONOGI K.K. - Page 2




              Interference No. 105,184                                                           Paper 4                
              Human Genome Sciences v. Shionogi                                                   Page 2                
                                                       ORDER                                                            
                     Upon consideration of HGS's abandonment of the contest, it is:                                     
                     ORDERED that "08/916,281" be substituted for "08/799,028" in both counts;                          
                     FURTHER ORDERED that judgment on priority as to Count 1 is awarded                                 
              against HGS;                                                                                              
                     FURTHER ORDERED that HGS is not entitled to a patent containing claims 36-                         
              40 and 50-53 of HGS's 08/916,281 application, which correspond to Count 1;                                
                     FURTHER ORDERED that judgment on priority as to Count 2 is awarded                                 
              against HGS;                                                                                              
                     FURTHER ORDERED that HGS is not entitled to a patent containing claims 36-                         
              40, 50, and 51 of HGS's 08/916,281 application, which correspond to Count 2; and                          
                     FURTHER ORDERED that a copy of this decision be entered in the                                     
              administrative record of HGS's 08/916,281 application and of Shionogi's 09/043,861                        
              application.                                                                                              













              Notice:  Any agreement or understanding between parties to this interference, including any collateral    
              agreements referred to therein, made in connection with or in contemplation of the termination of the     
              interference, shall be in writing and a true copy thereof filed in the United States Patent and Trademark Office
              before termination of the interference as between said parties to the agreement or understanding.  35 U.S.C.
              135(c); 37 C.F.R. § 1.661.                                                                                

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