Interference No. 105,172 Paper 4
Human Genome Sciences v. DNAX Research Institute Page 2
FURTHER ORDERED that judgment on priority as to Count 2 is awarded against
HGS;
FURTHER ORDERED that HGS is not entitled to a patent containing claims 36-
40, 50, and 51 of HGS's 08/916,281 application, which correspond to Count 2; and
FURTHER ORDERED that a copy of this decision be entered in the
administrative record of HGS's 08/916,281 application and of DNAX Research
Institute's 08/799,028 application.
RICHARD E. SCHAFER
Administrative Patent Judge
BOARD OF
PATENT
APPEALS AND
RICHARD TORCZON
INTERFERENCES
Administrative Patent Judge
INTERFERENCE
TRIAL SECTION
JAMES T. MOORE
Administrative Patent Judge
cc (facsimile):
For Human Genome Sciences: Mark J. Hyman of HUMAN GENOME SCIENCES, INC.
(fax: 301-309-8439).
For DNAX Research Institute: Edwin P. Ching of DNAX RESEARCH INSTITUTE (fax:
415-496-1200) and Michael G. Biro of SCHERING-PLOUGH CORPORATION
(fax: 908-298-5388).
Notice: Any agreement or understanding between parties to this interference, including any collateral
agreements referred to therein, made in connection with or in contemplation of the termination of the
interference, shall be in writing and a true copy thereof filed in the United States Patent and Trademark Office
before termination of the interference as between said parties to the agreement or understanding. 35 U.S.C.
135(c); 37 C.F.R. § 1.661.
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Last modified: November 3, 2007