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Sun et al. V. Hammer et al. - Page 1



                BoxInterferences@uspto.gov Paper 37                                                             
                Telephone: 571-272-4683 16 October 2007                                                         
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                        BOARD OF PATENT APPEALS AND INTERFERENCES                                               
                                       Patent Interference No. 105,574                                          
                                        ATHENIX CORPORATION                                                     
                                        (10/739,610 and 11/517,991),                                            
                                                 Junior party,                                                  
                                                       v.                                                       
                                           PEKING UNIVERSITY                                                    
                                                 (7,214,535),                                                   
                                                 Senior party.                                                  


                Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER                               
                and TORCZON, Administrative Patent Judges.                                                      
                TORCZON, Administrative Patent Judge.                                                           
                                                 JUDGMENT                                                       
                                                 Bd.R. 127(b)                                                   
                                                NO CONTEST                                                      
                       Peking University has filed a notice of no contest.  Paper 35.  Failure                  
                to contest is construed to be a request for adverse judgment.                                   
                Bd.R. 127(b)(4).  In the absence of a priority contest under 35 U.S.C.                          
                102(g)(1), we see no reason to prolong this proceeding.                                         
                       The parties should bear in mind their obligations under 35 U.S.C.                        
                135(c) to reduce any agreements or understandings regarding this                                
                interference to writing and file the agreement or understanding with the                        




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