HUMAN GENOME SCIENCES v DNAX RESEARCH INST. - Page 1




  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;                                







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