Interference No. 105,025 Paper 24
Rosenthal v. Nakahama Page 2
ORDER
Upon consideration of Rosenthal's concession, it is:
ORDERED that judgrnent on priority as to Count I is awarded against junior party
Rosenthal;
FURTHER ORDERED that junior party Rosenthal is not entitled to a patent containing
claims 44-62 of Rosenthal's 08/381,030 application; 29 and 46-52 of Rosenthal's 08/454,968
application; and 16-18, 25, and 26 of Rosenthal's 08/455,940 application, all of which correspond
to Count 1; and
FURTHER ORDERED that a copy of this decision be entered in the administrative
record of Rosenthal's 08/381,030, 08/454,968, and 08/455,940 applications and of Nakahama's
07/488,696 application and 5,656,435 patent.
RICHARD E. SCHAFER
Administrative Patent Judge BOARD OF PATENT
APPEALS AND
RICHARD TORCZON INTERFERENCES
Administrative Patent Judge
INTERFERENCE
CAROL A. SPIEGEL TRIAL SECTION
Administrative Patent Judge
cc (electronic mail):
For Rosenthal (real party-in-interest, Genentech, Inc.): John P. Isacson and Ginger R. Drelze of
Heller Ehrman White & McAuliffe.
For Nakahama (real party-in-interest, Takeda Chemical Industries, K.K.): George W. Neune and
David G. Conlin of Edwards & Angell, LLP.
Notice: Any agreement or understanding between parties to this interference, including any collatera I agreements
referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing
and a true copy thereof Red in the United States Patent and Trademark Office before termination of the interference as
between said parties to the agreement or understanding. 35 U.S.C. 135(c); 37 CT.R. § 1.66 1.
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Last modified: November 3, 2007