BENNEKER et al. V. CRAIG et al. V. CRAIG et al. - Page 1







                                                   MAILED Paper No. 201                          


            Filed by: Merits Panel MAY 2 5 2004                                                  
                      Box Interference                                                           
                      Washington, D.C. 20231 PAT & TM. OFFICE                                    
                      Tel: 703-308-9797 BOARD OF PATENT APPEALS                                  
                      Fax: 703-308-7953 AND INTERFERENCES                                        

                         UNITED STATES PATENT AND TRADEMARK OFFICE                               


                             BEFORE THE BOARD OF PATENT APPEALS                                  
                                       AND INTERFERENCES                                         


                        ANDREW SIMON CRAIG, VICTOR WITOLD JACEWICZ                               
                                     and MICHAEL URQUHART                                        
                                          Junior Party'                                          

                                               V.                                                

                 FRANCISCUS BERNARDUS GEMMA BENNEKER, FRANS VAN DALEN,                           
               JACOBUS MARIA LEMMENS, THEODORUS HENDRICUS ANTONIUM PETERS                        
                                      and FRANTISEK PICHA                                        
                                          Senior Party2                                          


                               Patent Interference No. 105,009                                   


                                      JUDGMENT - RULE 640                                        

            Before Metz, Gardner Lane and Moore, Administrative Patent                           
            Judaes.                                                                              

            Metz, Administrative Patent Judge.                                                   



                 1 Application 09/299,060, filed April 23, 1999, now U.S. Patent Number          
            6,063,927, issued on May 16, 2000, and U.S. Application Serial Number                
            09/469,902 filed on December 22, 1999. Said patent accorded benefit of U.S.          
            Application Serial Number 09/299,060 and filed on April 23, 1999. Both said          
            patent and application accorded benefit of U.K. Application Number 9902935.7,        
            filed on February 10, 1999. Assigned to SmithKline Beecham PLC,.                     
                 2 Application Serial Number 09/200,743, filed on November 30, 1998.             
            Accorded benefit of U.S. Application Serial Number 08/872,023 and filed on           
            June 10, 1997 and now U.S. Patent Number 5,874,447, issued on February 23,           
            1999. Assigned to Synthon BCT Technologies, L.L.C.                                   

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