DUMOUTIER et al. V. Jacobs et al. - Page 1




                                                                                                     Paper 38                
              Filed by:                                                                                                      
              Trial Merits Panel                                                                                             
              Mail Stop Interference                                                                                         
              P.O. Box 1450                                                                 Filed: August 24, 2006           
              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                                                           

                                       LAURE DUMOUTIER, JAMILA LOUHED,                                                       
                                          AND JEAN-CHRISTOPHE RENAULD                                                        
                                                        Junior Party                                                         
                                                  (U.S. Patent 6,331,613),                                                   
                                                             v.                                                              
                                       KENNETH JACOBS, LYNETTE FOUSER,                                                       
                                        VIKKI SPAULDING AND DEJUN XUAN                                                       
                                                        Senior Party                                                         
                                               (U.S. Application 09/561,811).                                                
                                           Patent Interference No. 105,409 (MPT)                                             
                                                 (Technology Center 1600)                                                    

       1                       JUDGMENT - REQUEST FOR ADVERSE - Bd. R. 127(b)                                                
       2                                                                                                                     
       3      Before: Torczon, Tierney and Moore, Administrative Patent Judges                                               
       4      Tierney, Administrative Patent Judge.                                                                          
       5              An Order to Show Cause (Paper No. 35) was issued on July 20, 2006 as a settlement                      
       6      agreement is in place whereby the involved Dumoutier ‘613 patent has been assigned to Jacobs’                  
       7      real party in interest, Wyeth.  (Paper No. 33).  In response to the Order to Show Cause,                       
       8      Dumoutier has requested that adverse judgment as to the subject matter of Count 1, the sole                    
       9      count in interference, be entered against it.  (Paper No. 37, Dumoutier Request for Adverse                    






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