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Paper 90
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Patent Interference No. 105,135
SCRIPPS RESEARCH INSTITUTE
(5,622,931),
Junior Party,
v.
GENENTECH, INC.
(08/437,989 and 08/444,934),
Senior Party.
Entered: 25 May 2005
Judgment - Bd. R. 127(b) - Requested
Before TORCZON, MEDLEY, and POTEATE, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
Scripps has stated that it will not contest priority (Paper 87). This statement is
treated as a request for adverse judgment. Bd.R. 127(b). A third party involved in a
related interference was permitted to file a paper in this case commenting on the
judgment. The paper has been filed (Paper 89), but is limited to stating an
understanding that the judgment will be "for Senior Party, Genentech, Inc., for claims 4-
6, 8, 20, 21, 23, 27, 28, 31-36, and 41 of U.S.S.N. 08/444,934."1 These claims are all of
the claims in the 08/444,934 application that correspond to the count. Both of the
involved claims from Genentech's 08/437,989 application have been determined to be
1 As a technical matter, since a priority determination is a rejection under 35 U.S.C. 102(g)(1), a
judgment is against the losing party's claims rather than for the other party's claims.
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Last modified: November 3, 2007