Interference No. 103,970
Elledge et al., the senior party, filed an abandonment of the contest as to a count
and conceded priority of the subject matter to junior party (Paper No. 26). Pursuant to 37
CFR § 1.662(a), the Elledge et al. paper is treated as a request for entry of an adverse
judgment as to all the claims which correspond to the count in this interference.
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to JOAN MASSAGUE and MONG-HONG LEE, the junior party. On this record,
party Massague is entitled to a patent containing claims 9, 10 and 60 and is not entitled to
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a patent containing claims 1-8 and 11-20. Accordingly, STEPHEN J. ELLEDGE and
JEFFREY W. HARPER, the senior party, are not entitled to a patent containing claims 41-
50 corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
3 The primary examiner has determined that Massague et al. Claims 1-8 and 11-20
are unpatentable. See PTO-850.
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