YUKIMUNE et al. V. BRINGI et al. - Page 2




             Interference No. 105,108 Paper29                                                                        
             Yukimune v. Bringi Page 2                                                                               
             Counts 1 and 2 in the above-identified Interference" (Paper 27). Accordingly, it is                     
                    ORDERED that judgment on priority as to Counts 1 and 2, the only counts in the                   
             interference, is awarded against junior party YUKIHITO YUKIMUNE, YASUHIRO                               
             HARA, YOSUKE HIGASHI, NAOTO OHNISHI, HOMARE TABATA, CHUZO SUGA and                                      
             KOUICHI MATSUBARA;                                                                                      
                    FURTHER ORDERED thatjunior party YUKIHITO YUKIMUNE, YASUHIRO                                     
             HARA, YOSUKE HIGASHI, NAOTO OHNISHI, HOMARE TABATA, CHUZO SUGA and                                      
             KOUICHI MATSUBARA is not entitled to a patent containing claims 1-35 and 46-65                          
             (corresponding to Count 1) and claims 36-45 (corresponding to Count 2) of U.S. Patent                   
             5,637,484;                                                                                              
                    FURTHER ORDERED that a copy of this decision (Paper 29) be given paper                           
             numbers and entered in the administrative record of Yukimune U.S. Patent No.                            
             5,637,484 and of Bringi application 09/083,198; and                                                     
                    FURTHER ORDERED that if there is a settlement agreement which has not                            
             been filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 1.661.                             





                                  RICHARTE. SCHAFER                                                                  
                                  Administrative Patent Judge                                                        



                                  RICHARD TORdZ_0N BOARD OF PATENT                                                   
                                  Administrative Patent AWge APPEALS AND                                             
                                                                       INTERFERENCES                                 


                                  CAROL A.`S45IE8EL                                                                  
                                  Administrative Patent Judge                                                        








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