Upon consideration of the GRAY ET AL. ABANDONMENT OF
CONTEST UNDER 37 C.F.R. § 1.662(a) (Paper 28), it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party NANCY M. GRAY and RAYMOND L. WOOSLEY.
FURTHER ORDERED that judgment on priority as to
Count 1 is awarded in favor of senior party JAN HEERES,
JEAN L. MESENS and JOZEF PEETERS.
FURTHER ORDERED that, on the record before the Board
of Patent Appeals and Interferences, senior party JAN HEERES,
JEAN L. MESENS and JOZEF PEETERS is entitled to a patent
containing claims 13-25 (corresponding to Count 1) of
application 08/676,531, filed July 9, 1996.
FURTHER ORDERED that junior party NANCY M. GRAY and
RAYMOND L. WOOSLEY is not entitled to a patent containing
claims 1-15 (corresponding to Count 1) of U.S. Patent
5,474,997, granted December 12, 1995, based on 08/341,266,
filed November 17, 1994.
FURTHER ORDERED that notwithstanding the following
sentence in the GRAY ET AL. ABANDONMENT OF CONTEST UNDER 37
C.F.R. § 1.662(a) (Paper 28):
However, by abandoning the contest [due to a lack of
commercial interest on the part of Sepracor, the real
- 2 -
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007