CAUX et al. V. IMAI et al. - Page 1




    MAIL STOP INTERFERENCE Paper 17                                                                                            
    ALEXANDRIA VA 2M3-1450                                                                                                     
    703-308-9797                                                                                                               
    703-305-0942 (fax) UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                        BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                   
                                               SCHERING CORPORATION                                                            
                                                        (08/799,028),                                                          
                                                         Junior Party,                                                         
                                                              V. ýFAXED                                                        

                                                   SHIONOGI & CO, LTD. 'M ia- 3 W4                                             
                                                        (09/043,861),                                                          
                                                         Senior Party. PAT. & TM. OFFICE                                       
                                                                                       BOARD OF PATENT APPEALS                 
                                                                                          ANDINTERFERENCES                     
                                                  Interference No. 105,185                                                     

                Before SCHAFER, TORCZON, and LANE, Administrative Patent Judges.                                               
                PER CURIAM.                                                                                                    
                                                         JUDGMENT                                                              
                                            (PURSUANT TO 37 CFR § 1.662(a))                                                    
                       Schering advises (Paper 16) that it:                                                                    
                       does not wish to proceed with the above-captioned interference.                                         
                       Accordingly, Schering will not file any additional papers or take any further                           
                       action with respect to this interference.                                                               
                This statement qualifies as an abandonment of the contest within the meaning of                                
                37 C.F.R. § 1.662(a).                                                                                          
                                                           ORDER                                                               
                       Upon consideration of Schering's abandonment of the contest, it is:                                     
                       ORDERED that judgment on priority as to Count I is awarded against junior                               
                party Schering Corp.;                                                                                          







                                                         Mak                                                                   


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