YOUNG et al V. WOOSLEY et al. V. WOODWARD et al. - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                             
                This paper (1) was not written for publication and (2) is not binding precedent of the Board.                            
                Filed by:       Trial Section Merits Panel                                                                               
                                Box Interference                                                                                         
                                Washington, D.C. 20231                                                                                   
                                Tel:    (703)308-9797                                                                                    
                                Fax:    (703)305-0942                                                                                    
                                                                                                               Paper 51                  

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                

                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                

                            JAMES W. YOUNG, RAYMOND L. WOOSLEY and YIWANG CHEN,                                                          
                                                             Junior Party,                                                               
                                                                   v.                                                                    
                            RAYMOND L. WOOSLEY, JAMES W. YOUNG and YIWANG CHEN,                                                          
                                                             Junior Party,                                                               
                                                                   v.                                                                    
                                     JAMES K. WOODWARD, RICHARD A. OKERHOLM,                                                             
                                           MARK G. ELLER and BRUCE E. McNUTT,                                                            
                                                             Senior Party.                                                               
                                                          _______________                                                                

                                                     Patent Interference 103,875                                                         
                                                          _______________                                                                

                Before: SCHAFER, LEE and TORCZON, Administrative Patent Judges.                                                          

                                        JUDGMENT PURSUANT TO 37 CFR § 1.662(a)                                                           
                        Woosley has filed a notice under 37 CFR § 1.602(c) that by virtue of an assignment from                          
                Sepracor, Inc, dated October 7, 1999, the Young application and Woolsey patent were assigned to                          
                Hoechst Marion Roussel, Inc., the real party in interest of the Woodward application.  Notice Under 37                   
                C.F.R. 1.602(c) (Paper 48).  Thus, the involved patent and applications are commonly assigned.  Counsel                  
                for the common assignee has filed a request for adverse judgment under 37 CFR § 1.662(a) (Paper 49).                     
                        Upon consideration of the request for entry of adverse judgment against both junior parties, it is               







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