BoxInterferences@USPTO.gov Not binding precedent Tel: 571-272-9797 Paper 35 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Patent Interference No. 105,308 SMITHKLINE BEECHAM CORPORATION (6,518,399), Junior Party, v. BOARD OF REGENTS FOR THE UNIVERSITY OF TEXAS SYSTEM, UNITED STATES OF AMERICA, MERCK FROSST CANADA& CO., AND MERCK & CO.1 (09/601,582), Senior Party. Entered: 13 February 2006 Judgment - Bd. R. 127(b) - Requested Before SCHAFER, TORCZON, and MOORE, Administrative Patent Judges. TORCZON, Administrative Patent Judge. 1 The senior party has requested (Paper 33) "that adverse judgment be entered 2 against it in the present Interference as to all of the claims designated as corresponding 3 to the Count". The request is GRANTED. 4 HELD that judgment be entered against the senior party; 5 FURTHER HELD that the senior party not be issued claims for the subject matter 6 of the count, specifically including 09/601,582 claims 1, 4, 5, and 7, which correspond 7 to the count; and 1As represented by the Secretary for the Department of Health and Human Services.Page: 1 2 NextLast modified: November 3, 2007