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Paper 104
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Patent Interference No. 105,128
SCRIPPS RESEARCH INSTITUTE
(5,622,931),
Junior Party,
v.
YALE NEMERSON
and WILLIAM H. KONIGSBERG
(08/297,581 and 08/473,262),
Senior Party.
Entered: 25 May 2005
Judgment - Bd. R. 127(b) - Requested
Before TORCZON, MEDLEY, and POTEATE, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
In a conference call with the parties on 18 May 2005, Scripps stated that it would
not contest priority. This statement is treated as a request for adverse judgment.
Bd.R. 127(b). Consequently, judgment is entered against all of Scripps' involved claims.
Consistent with the decision in Paper 99, judgment is also entered against specific
Nemerson claims. Nemerson filed the amendment authorized in Paper 99 to overcome
one basis for unpatentability.
DECIDED that judgment on priority be entered against Scripps for the subject
matter of the count;
FURTHER DECIDED that Scripps' patent claims 1 and 2 be canceled;
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Last modified: November 3, 2007