The opinion in support of the decision being entered
today was not written for publication and
is not binding precedent of the Board.
Paper No. 130
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
UNIVERSITY OF IOWA RESEARCH FOUNDATION,
COLEY PHARMACEUTICAL GROUP, INC., and
THE UNITED STATES OF AMERICA, as represented by
the Department of Health and Human Services
(Patent No. 6,207,646),
Junior Party
v.
THE REGENTS OF
THE UNIVERSITY OF CALIFORNIA
(Application No. 09/265,191)
Senior Party
_____________
Patent Interference No. 105,171
______________
Before PATE, SCHAFER and MOORE, Administrative Patent Judges.
PATE, Administrative Patent Judge.
JUDGMENT UNDER 37 CFR § 41.127
In a motion decision under 37 CFR § 41.125, a panel of this
Board decided the threshold issue of University of Iowa motion 3
for judgment that University of California’s sole claim in
interference, claim 205, is barred by the provisions of
35 U.S.C. § 135(b)(1). The Motion was GRANTED. Accordingly,
judgment is entered against the senior party.
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Last modified: November 3, 2007