Interference No. 105,099 Paper 25
Hannum v. Immunex Corp. Page 13
ORDER
Upon consideration of Hannum Preliminary Motion 1, it is:
ORDERED that U.S. 2002/0107365 A1 be entered in the record as exhibit
number 3001;
FURTHER ORDERED that the 08/484,882 application be entered in the record
as exhibit number 3002;
FURTHER ORDERED that judgment be awarded to both parties on the basis
that there is no interference-in-fact for the subject matter of Count 1;
FURTHER ORDERED that any request for rehearing be filed within 21 days of
the date of this judgment; and
FURTHER ORDERED that a copy of this decision be entered in the
administrative record of the Hannum 08/472,168 and 08/484,882 applications and the
Immunex 09/983,806 and 10/095,449 applications.
RICHARD E. SCHAFER
BOARD OF
Administrative Patent Judge
PATENT
APPEALS AND
RICHARD TORCZON
INTERFERENCES
Administrative Patent Judge
INTERFERENCE
SALLY GARDNER LANE
TRIAL SECTION
Administrative Patent Judge
cc (electronic mail):
For Hannum (Schering Corp. and INSERM Institut National de la Santé et de la
Recherche Médicale): Steven W. Parmelee and Kevin L. Bastian of
TOWNSEND AND TOWNSEND AND CREW LLP.
For Immunex Corp. (a subsidiary of Amgen Inc.): Gordon Kit of SUGHRUE MION,
PLLC and Janis C. Henry of AMGEN INC.
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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