YOUNG et al. V. COTREL et al. - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                             

                        This opinion was not written for publication and  is not binding precedent of the Board.                         

                                                                Paper 37                                                                 
                Filed by: Interference Trial Section Merits Panel                                                                        
                       Box Interference                                                                                                 
                       Washington, D.C.  20231                                                                                          
                       Tel:   703-308-9797                                                                                              
                       Fax:  703-305-0942                                                                                               
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                          _______________                                                                

                                         BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                      AND INTERFERENCES                                                                  
                                                          _______________                                                                

                                           JAMES W. YOUNG and STEVEN BRANDT                                                              
                                                             Junior Party                                                                
                                                          (Patent 5,786,357),                                                            

                                                                   v.                                                                    

                                           CLAUDE COTREL and GERARD ROUSSEL                                                              
                                                             Senior party,                                                               
                                                      (Application 09/124,651).                                                          

                                                          _______________                                                                

                                                   Patent Interference No. 104,423                                                       
                                                          _______________                                                                

                Before: McKELVEY, Senior Administrative Patent Judge, and SCHAFER and  LEE, Administrative                               
                Patent Judges.                                                                                                           

                SCHAFER, Administrative Patent Judge.                                                                                    


                                         JUDGMENT PURSUANT TO 37 CFR  1.662                                                             
                        Upon consideration of the request of the common assignee, Sepracor Inc., for entry of adverse                    
                judgment against junior party Young (Paper 30), it is                                                                    






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