PALLETT et al. V. Jepson et al. - Page 1




                                        The opinion in support of the decision being                                       
                                    entered today is not binding precedent of the Board.                                   
                                                                                                  Paper 120                
              Board of Patent Appeals and Interferences                        Filed: April 20, 2006                       
              U.S. Patent and Trademark Office                                                                             
              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                                                         
                                     (Administrative Patent Judge Richard E. Schafer)                                      
                                                ______________________                                                     
                                                 Bayer CropScience S.A.,                                                   
                                                       Junior Party                                                        
                                      (Patent 6,069,115 - Ken Pallet et al. inventors),                                    
                                                            v.                                                             
                                                    Syngenta Limited,                                                      
                                                       Senior Party                                                        
                                   (Application 09/791,489 - Ian Jepson et al. inventors).                                 
                                                    _______________                                                        
                                          Patent Interference No. 105,255 (RES)                                            
                                                    _______________                                                        
       1      Before: SCHAFER, HANLON and GARDNER LANE, Administrative Patent Judges.                                      
       2      SCHAFER, Administrative Patent Judge.                                                                        
       3                             Judgment - Request for Adverse - Bd.R. 127(b)                                         
       4             Syngenta has requested and agreed to entry of adverse judgment with respect to the subject            
       5      matter of the Count.  Paper 119.                                                                             
       6             Accordingly , it is                                                                                   
       7                    ORDERED that judgment on priority as to the subject matter of Count 1 (Paper 22,               
       8      p. 1), is awarded against the senior party, SYNGENTA LIMITED (Application 09/791,489 - Ian                   
       9      Jepson et al. inventors);                                                                                    






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