LI et al. V. Coleman et al. - Page 1




                                                                                                     Paper 18                     
                                                                                        Filed: December 20, 2006                  
                   Mail Stop Interference                                                                                         
                   P.O. Box 1450                                                                                                  
                   Alexandria Va 22313-1450                                                                                       
                   Tel: 571-272-9797                                                                                              
                   Fax: 571-273-0042                                                                                              
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                   AND INTERFERENCES                                                              
                                                Human Genome Sciences, Inc.,                                                      
                                                          Junior Party                                                            
                                                       (Patent 6,518,046,                                                         
                                         Inventors: Haodong Li and Mark D. Adams),                                                
                                                                v.                                                                
                                                       Incyte Corporation,                                                        
                                                          Senior Party                                                            
                                                    (Application 10/057,275,                                                      
                                Inventors: Roger Coleman, Olga Bandman and Craig G. Wilde).                                       
                                               Patent Interference 105,499 (RES)                                                  
                                                   (Technology Center 1600)                                                       
                   Before: SCHAFER, TORCZON and MOORE, Administrative Patent Judges.                                              
                   PER CURIUM                                                                                                     
              1                        Judgment - Request for Adverse - Bd.R. 127(b)                                              
              2           Incyte has filed a notice of abandonment of the contest (Paper 17).  An                                 
              3    abandonment of the contest is construed as a request for adverse judgment.  37 CFR                             
              4    § 41.127(b)(4).   Accordingly, it is                                                                           
              5           ORDERED that judgment on priority as to the subject matter of Count 1 (Paper                            
              6    1, p. 3) is awarded against Incyte;                                                                            
              7           FURTHER ORDERED that Incyte is not entitled to a patent containing claims                               
              8    3-7, 9-10, 12-13, 62  (corresponding to Count 1) of Application 10/057,275;                                    
              9           FURTHER ORDERED that a copy of this judgment be made of record in the                                   
            10     file of Patent 6,518,046, and Application 10/057,275; and                                                      








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