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                        This opinion was not written for publication and  is not binding precedent of the Board.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