STEPHENS V. STEPHENS V. FRIEDMAN et al. - Page 1




  BoxInterferences@uspto.gov                                                                       Paper 30                 
  703-308-9797                                                                                                              
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                      BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                  

                                               ELI LILLY AND COMPANY                                                        
                                                      (Amgen, Inc.)                                                         
                                               (5,756,461 and 5,922,678),                                                   
                                                       Junior Party,                                                        
                                                             v.                                                             
                                             ROCKEFELLER UNIVERSITY                                                         
                                                       (09,316,393),                                                        
                                                       Senior Party.                                                        

                                                Interference No. 105,093                                                    

              Before SCHAFER, TORCZON, and NAGUMO, Administrative Patent Judges.                                            
              TORCZON, Administrative Patent Judge.                                                                         
                                                       JUDGMENT                                                             
                                          (PURSUANT TO 37 CFR § 1.662(a))                                                   
                                                    INTRODUCTION                                                            
                     The Board acknowledges Amgen's filing of a change in power of attorney                                 
              (Paper 27), a change in real party-in-interest (Paper 28), and a request for adverse                          
              judgment for Count 1, the sole count.  Amgen is now the junior party, the caption                             
              notwithstanding.  The conference call scheduled for 11 July 2003 is now moot.                                 
                                                         ORDER                                                              
                     Upon consideration of Amgen's request for adverse judgment, it is:                                     
                     ORDERED that judgment on priority as to Count 1 be awarded against junior                              
              party Amgen, Inc.;                                                                                            








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