ELI LIILY & CO. vs. CAMERON et al - Page 33




                                                                                             Interference No. 104,101                   
                                                                                                               Page 33                  
                IV.     Judgment                                                                                                        
                        Upon consideration of the record, it is:                                                                        
                        ORDERED that priority of invention as to Count 2, the sole count in interference, is                            
                awarded against junior party Lilly.                                                                                     
                        FURTHER ORDERED that Lilly is not entitled to a patent containing claims 1-7, 21-                               
                22, 46, 50 and 54 of Lilly, U.S. Application No. 08/508,434.                                                            
                        FURTHER ORDERED that a copy of this decision shall be placed and given a paper                                  
                number in Lilly, U.S. Application No. 08/508,434 and Cameron, U.S. Application No.                                      
                08/628,605.                                                                                                             
                        FURTHER ORDERED that if there is a settlement agreement, attention is directed to                               
                35 U.S.C. § 135(c) and 37 CFR § 1.661.                                                                                  





                                        RICHARD E. SCHAFER                      )                                                       
                                        Administrative Patent Judge             )                                                       
                                                                                )                                                       
                                                                                )                                                       
                                                                                )                                                       
                                                                                )       BOARD OF PATENT                                 
                                        SALLY GARDINER-LANE                     )       APPEALS                                         
                                        Administrative Patent Judge             )       AND                                             
                                                                                )       INTERFERENCES                                   
                                                                                )                                                       
                                                                                )                                                       
                                        MICHAEL P. TIERNEY                      )                                                       
                                        Administrative Patent Judge             )                                                       








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