PROENCA et al v. ZHANG et al v. FRIEDMAN - Page 2




                  Interference No. 105,093                                                                               Paper 30                       
                  Amgen, Inc. v. Rockefeller Univ.                                                                          Page 2                      
                          FURTHER ORDERED that junior party Amgen, Inc. not be entitled to a patent                                                     
                  containing claims 1-7 of Amgen's 5,756,461 patent and claims 1-7 of Amgen's                                                           
                  5,922,678, which correspond to Count 1;                                                                                               
                          FURTHER ORDERED that the conference call scheduled for 11 July 2003 be                                                        
                  cancelled; and                                                                                                                        
                          FURTHER ORDERED that a copy of this decision be entered in the                                                                
                  administrative record of Amgen's 5,756,461 and 5,922,678 patents and of Rockefeller's                                                 
                  09,316,393 application.                                                                                                               

                                                           RICHARD E. SCHAFER                                                                           
                                                                                                                BOARD OF                                
                                                           Administrative Patent Judge                                                                  
                                                                                                                  PATENT                                
                                                                                                              APPEALS AND                               
                                                           RICHARD TORCZON                                                                              
                                                                                                            INTERFERENCES                               
                                                           Administrative Patent Judge                                                                  
                                                                                                             INTERFERENCE                               
                                                           MARK NAGUMO                                                                                  
                                                                                                             TRIAL SECTION                              
                                                           Administrative Patent Judge                                                                  

                  cc (electronic mail):                                                                                                                 
                  For Amgen, Inc.: Michael F. Borun and Nabeela R. McMillian of MARSHALL, GERSTE IN                                                     
                          & BORUN.                                                                                                                      
                  For Rockefeller University: David A. Jackson and Christine E. Dietzel of KLAUBER &                                                    
                          JACKSON.                                                                                                                      








                  Notice:  Any agreement or understanding between parties to this interference, including any collateral                                
                  agreements referred to therein, made in connection with or in contemplation of the termination of the                                 
                  interference, shall be in writing and a true copy thereof filed in the United States Patent and Trademark Office                      
                  before termination of the interference as between said parties to the agreement or understanding.  35 U.S.C.                          
                  135(c); 37 C.F.R. § 1.661.                                                                                                            

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