Interference 104,675 Paper 134
Incyte (Bandman) v. Falb Page 2
ORDERED that judgment on priority as to both Counts 2 and 3 (Paper 94, p. 2)
is awarded against junior party OLGA BANDMAN and JENNIFER L. HILLMAN (Incyte);
FURTHER ORDERED that junior party OLGA BANDMAN and JENNIFER L.
HILLMAN (Incyte) is not entitled to a patent containing claims 2 and 3-9 (corresponding
to Counts 2 and 3, respectively) of U.S. Patent 5,780,235;
FURTHER ORDERED that a copy of this decision (Paper 134) and of the
ORDER REDECLARING INTERFERENCE mailed August 14, 2002 (Paper 94) be
given paper numbers and entered in the administrative record of Incyte U.S. Patent
5,780,235 and of Falb application 08/826,248; 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.
___________________________)
RICHARD E. SHAFER )
Administrative Patent Judge )
)
)
)
___________________________)
RICHARD TORCZON ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
___________________________)
CAROL A. SPIEGEL )
Administrative Patent Judge )
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