BOX INTERFERENCE Paper 51 WASHINGTON DC 20231 703-308-9797 703-305-0942 (fax) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES SUBHAS KUNDU, VIVEK DESAI, and ANDREA CAMERON (09/621,623), Junior Party, v. NARAYAN RAGUNATHAN, JAMES C. CHAO, ROBERT A. FEMIA, and MALCOLM S.F. ROSS (6,028,065; 6,268,356; and 09/757,261), Senior Party. Interference No. 104,8431 HEARD: 21 August 2002 Before SCHAFER, LEE, and TORCZON, Administrative Patent Judges. TORCZON, Administrative Patent Judge. JUDGMENT (PURSUANT TO 37 CFR §1.617) INTRODUCTION [01] Kundu filed its involved 09/621,623 [623] application after Ragunathan's 6,028,065 [065] patent had issued and more than two years after Kundu alleges it had first reduced the interfering subject matter to practice. An administrative patent judge entered an order pursuant to Rule 6172 requiring Kundu to show cause why judgment should not enter 1 Related litigation: Pharmaceutical Resources, Inc. v. Alpharma USPD Inc., 02-CV-1015 (SDNY, McKenna, J.). 2 Rules 37 C.F.R. part 1 are commonly known by section number alone. Hence, "Rule 617" refers to "37 C.F.R. §1.617".Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007