PROENCA et al v. ZHANG et al v. FRIEDMAN - 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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