Paper 38
Filed by: Interference Trial Section
Merits Panel Filed
Mail Stop Interference January 21, 2005
P.O. Box 1450
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042 UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
FLORIDA STATE UNIVERSITY FAXED
(Robert A. Holton, Zhuming Zhang and Paul A. Clarke)
Junior Party AR 2 1 2W5
(Application 09/063,477),
V. PAT. 8. TU. OFFICE
BOARD OF PATENT APPEALS
ANDINTERFERENCES
PHARMACHEMIE B.V.
(Eric Wilhelmus Petrus Damen, Johan Wilhelm Scheeren and Dick de Vos)
Senior Party
(Patent 5,874,595).
Patent Interference No. 105,220 (RES)
FINAL JUDGMENT - Bd. R. 127(b)(3)
Pharmachernie B.V. has filed a concession of priority and requested entry of adverse
judgment. Paper 36. Accordingly , it is
ORDERED that judgment on priority as to the subject matter of Count I (Paper 1, p. 4),
is awarded against the senior party, PHARMACHEMIE B.V.;
FURTHER ORDERED that senior party, PHARMACHEMIE B.V, is not entitled to a
patent containing claims 1- 18 (corresponding to Count 1) of U.S. Patent 5,874,595;
FURTHER ORDERED that a copy of this judgment be made of record in the file of
U.S. Patent 5,874,595 and 09/063,477;
FURTHER ORDERED that if there is any settlement agreement which has not been
filed, attention is directed to 35 U.S.C. § 135(c) and 37 CFR § 41.205.
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