MAIL STOP INTERFERENCE Paper 4 ALEXANDRIA VA 22313-1450 703-308-9797 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES HUMAN GENOME SCIENCES, INC. (08/916,281), Junior Party, v. DNAX RESEARCH INSTITUTE (08/799,028), Senior Party. Interference No. 105,172 Before SCHAFER, TORCZON, and MOORE, Administrative Patent Judges. TORCZON, Administrative Patent Judge. JUDGMENT (PURSUANT TO 37 CFR § 1.662(a)) INTRODUCTION Human Genome Sciences, Inc. (HGS) has filed a paper (Paper 3) stating that it "does not wish to proceed with the above-captioned interference." This statement is construed to be an abandonment of the contest within the meaning of 37 C.F.R. § 1.662(a). Consequently, judgment is entered against HGS pursuant to § 1.662(a). ORDER Upon consideration of HGS's abandonment of the contest, it is: ORDERED that judgment on priority as to Count 1 is awarded against HGS; FURTHER ORDERED that HGS is not entitled to a patent containing claims 36- 40 and 50-53 of HGS's 08/916,281 application, which correspond to Count 1;Page: 1 2 NextLast modified: November 3, 2007