Paper 18
Filed: December 20, 2006
Mail Stop Interference
P.O. Box 1450
Alexandria Va 22313-1450
Tel: 571-272-9797
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UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Human Genome Sciences, Inc.,
Junior Party
(Patent 6,518,046,
Inventors: Haodong Li and Mark D. Adams),
v.
Incyte Corporation,
Senior Party
(Application 10/057,275,
Inventors: Roger Coleman, Olga Bandman and Craig G. Wilde).
Patent Interference 105,499 (RES)
(Technology Center 1600)
Before: SCHAFER, TORCZON and MOORE, Administrative Patent Judges.
PER CURIUM
1 Judgment - Request for Adverse - Bd.R. 127(b)
2 Incyte has filed a notice of abandonment of the contest (Paper 17). An
3 abandonment of the contest is construed as a request for adverse judgment. 37 CFR
4 § 41.127(b)(4). Accordingly, it is
5 ORDERED that judgment on priority as to the subject matter of Count 1 (Paper
6 1, p. 3) is awarded against Incyte;
7 FURTHER ORDERED that Incyte is not entitled to a patent containing claims
8 3-7, 9-10, 12-13, 62 (corresponding to Count 1) of Application 10/057,275;
9 FURTHER ORDERED that a copy of this judgment be made of record in the
10 file of Patent 6,518,046, and Application 10/057,275; and
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Last modified: November 3, 2007