Interference No. 104,717 Paper 30
Laudano v. Dana-Farber Cancer Inst., Inc. Page 8
CONCLUSION
The relief specifically requested is DENIED as beyond our authority, but the result of
this judgment places the parties in the same legal posture that the relief requested would have
placed the parties.
ORDER
Upon consideration of the Joint Request, it is:
ORDERED that judgment on priority as to Count 4 is awarded against Laudano;
FURTHER ORDERED that Laudano is not entitled to a patent containing claims 38, 39,
47-53, 59-64, 66, 67, and 69 of Laudano's 08/146,235 application, which correspond to Count 4;
FURTHER ORDERED that judgment on priority as to Count 6 is awarded against
Laudano;
FURTHER ORDERED that Laudano is not entitled to a patent containing claims 38-41,
47-55, and 59-69 of Laudano's 08/146,235 application, which correspond to Count 6;
FURTHER ORDERED that judgment on priority as to Count 7 is awarded against
Laudano;
FURTHER ORDERED that Laudano is not entitled to a patent containing claims 42, 43,
47, 51, 56, and 57 of Laudano's 08/146,235 application, which correspond to Count 7;
FURTHER ORDERED that, consistent with the terms of this opinion and with
Zletz, this judgment by itself not be construed to estop Laudano from seeking claims
generic to lost counts 4, 6, and 7;
FURTHER ORDERED that any request for reconsideration be filed within 1 month; and
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