MARSHALL et al. V. Liu et al. - Page 1

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                                                                                                             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.                               





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