Interference No. 105,184 Paper 4 Human Genome Sciences v. Shionogi Page 2 ORDER Upon consideration of HGS's abandonment of the contest, it is: ORDERED that "08/916,281" be substituted for "08/799,028" in both counts; FURTHER 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; 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 Shionogi's 09/043,861 application. 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.Page: Previous 1 2 3 NextLast modified: November 3, 2007