Clark et al. V. Bunnelle et al. - Page 1

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  Tel: 571-272-9797                                                                                                                  

                                                                                                          Paper 18                   
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                        BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES                                                         
                                               Patent Interference No. 105,368                                                       
                                                         TARGACEPT, INC.                                                             
                                                           (6,440,970),                                                              
                                                           Junior Party,                                                             
                                                                 v.                                                                  
                                                     ABBOTT LABORATORIES                                                             
                                                          (10/412,510),                                                              
                                                           Senior Party.                                                             
                                                     Entered:  6 April 2006                                                          

                                           Judgment - Bd. R. 127(b) - Requested                                                      
               Before SCHAFER, LEE, and TORCZON, Administrative Patent Judges.                                                       
               TORCZON, Administrative Patent Judge.                                                                                 
           1           Targacept has abandoned the contest (see Paper 17), which makes this case                                     
           2 ripe for judgment.  Bd.R. 127(b)(4).                                                                                    
           3                                               JUDGMENT                                                                  
           4           DECIDED that judgment ADVERSE to Targacept be entered;                                                        
           5           FURTHER DECIDED that all of Targacept's involved patent claims, claims 1-10,                                  
           6 be CANCELED; and                                                                                                        













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