DANISHEFSKY et al. V. HOEFLE et al. V. Danishefsky et al. - Page 1

                                                          Not binding precedent                                                          


                BoxInterferences@uspto.gov                                                                    Paper 161                  
                Telephone: 571-272-4683                                                   Entered: 27 November 2006                      
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                   BOARD OF PATENT APPEALS AND INTERFERENCES                                                             
                                                Patent Interference No. 105,298 (RT)                                                     
                                SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH                                                            
                                                  (6,242,469 B1 and 6,284,781 B1),                                                       
                                                             Junior Party,                                                               
                                                                   v.                                                                    
                             HELMHOLTZ-ZENTRUM FÜR INFEKTIONSFORSCHUNG GMBH                                                              
                                                             (09/313,524),                                                               
                                                             Senior Party.                                                               

                                           JUDGMENT - Bd. R. 127(b) - REQUESTED                                                          
                Before TORCZON, LANE, and NAGUMO, Administrative Patent Judges.                                                          
                TORCZON, Administrative Patent Judge.                                                                                    
            1           The junior party, Sloan-Kettering Institute for Cancer Research [SK] has requested                               
            2 adverse judgment for the sole count.   Specifically, SK has disclaimed all of its claims                                   
            3 corresponding to the count.  In view of this disclaimer, judgment against SK is now appropriate.                           
            4 Bd.R. 127(b)(2).                                                                                                           
            5           ADJUDGED that the junior party inventors are not entitled to a patent on the subject                             
            6 matter of count 1, the sole count; and                                                                                     
            7           ORDERED that claims 1-13 of United States patent 6,242,469 be cancelled;                                         
            8           FURTHER ORDERED that claims 1 and 2 of United States patent 6,284,781 be                                         
            9 cancelled;                                                                                                                 








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