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703-308-9797 Paper 62
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
AGILENT TECHNOLOGIES, INC.
(5,922,534 and 6,255,053),
Junior Party,
v.
AFFYMETRIX, INC.
(09/614,068),
Senior Party.
Interference No. 105,089
Before SCHAFER, TORCZON, and TIERNEY, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
JUDGMENT
(PURSUANT TO 37 CFR § 1.662(a))
On 9 September 2003 at about 4 p.m. (Eastern), there was a telephone
conference involving Kenneth Meyers for Agilent, Oliver Ashe and Phillip McGarrigle for
Affymetrix, and Richard Torczon for the Board of Patent Appeals and Interferences
regarding Agilent's preliminary motion 5 for judgment against all of Affymetrix's involved
claims for unpatentability. Agilent conceded that, if Affymetrix's involved claims were
unpatentable according to the motion, then its involved claims were also unpatentable.
During the telephone conference, Affymetrix stated that, while it does not accept all of
the fact statements and characterizations in the motion, it does not oppose the result
that all involved claims be held unpatentable.
Both parties agreed to adverse judgment under 37 C.F.R. § 1.662(a), provided
that such judgment not be construed as an admission of facts or characterizations in
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