Interference No. 105,114 Paper 173 ARS, N.V. v. CELL GENESYS, INC. June 23, 2004 On June 22, 2004 a panel of this Board rendered a decision on preliminary motions. Further to that decision, it is hereby: ORDERED that I .unior party APPLIED RESEARCH SYSTEMS ARS HOLDING, N.V. is not entitled to claims 1, 2, 5-7, 9-20, 22, 23, 25, 26, 32-39, 52-54, 56, and 57 (corresponding to Count 1) of patent 5,272,071. FURTHER ORDERED that junior party CELL GENESYS, INC. is not entitled to a patent containing claims 105, 110, 111 and 112 (corresponding to Count 1) of application 08/102,390. FURTHER ORDERED as to the remaining claims of each party, i.e., claims 3, 4, 8, 2 1, 24, 27, 31, 40-51, 55, and 58 of ARS's patent 5,272,071, and claim 106 of Cell Genesys' application 08/102,390, that there is no interference-in-fact. FURTHER ORDERED that this interference is terminated. FURTHER ORDERED that a copy of this paper shall be made of record in files of application 08/102,390 and patent 5,272,071. w .12K Fred E. McKelvey, Senior Administrative Patent Judge BOARD OF PATENT Jzm1eý M6ýe" APPEALS Administrative Patent Judge AND INTERFERENCES 4ýý6" Linda R. Poteate Administrative Patent Judge -2-Page: Previous 1 2 3 NextLast modified: November 3, 2007