HOHN et al. V. ROSENTHAL et al. - Page 2


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                   Interference No. 105,027 Paper 28                                                                                              
                   Rosenthal v. Hohn Page 2                                                                                                       
                           FURTHER ORDERED that junior party Rosenthal is not entitled to a patent containing                                     
                   claims 33 and 36-41 of Rosenthal's 08/379,236 application, which correspond to Count 1; and                                    
                           FURTHER ORDERED that a copy of this decision be entered in the administrative                                          
                   record of Rosenthal's 08/379,236 application and Hohn's 08/342,457 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):                                                                                                          
                   Counsel for Rosenthal (real party-in-interest, Genentech, Inc.): John P. Isacson and Ginger R.                                 
                           Drege of Heller Ehrman White & McAuliffe.                                                                              
                   Counsel for Hohn (real party-in-interest - Regeneron Pharmaceuticals, Inc.; Amgen Inc.; and                                    
                           Amgen-Regencron Partners): Thomas E. Friebel and Margaret Brivardo of Pennie &                                         
                           Edmonds LLP.                                                                                                           















                   Notice: Any agreement or understanding between parties to this interference, including any collateral agreements               
                   referred to therein, made in connection with or in contemplation of the terminatiDn of the interference, shall be in writing   
                   and a true copythereof filed in theUnited States Patent and Trademark Office before termination ofthe interference as          
                   between said parties tothe agreement or understanding. 35 U.S.C. 135(c); 37 C.F.R. § 1.661.                                    





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