Ex Parte CHAPPEL - Page 2




                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                                                                                        

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