SCHNEIDER et al. V. SCHNEIDER et al. V. PERGOLIZZI et al. - Page 1



               BoxInterferences@uspto.gov                                                               Paper 24                  
               Telephone: 571-272-4683                                            Entered: 21 February 2007                       
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                            BOARD OF PATENT APPEALS AND INTERFERENCES                                                             
                                          Patent Interference No. 105,486 (RT)                                                    
                                                       The Trustees of                                                            
                                            PRINCETON UNIVERSITY and                                                              
                                                    Imclone Systems Inc.                                                          
                                                (4,882,269 and 5,424,188),                                                        
                                                         Junior Party,                                                            
                                                               v.                                                                 
                                              ENZO LIFE SCIENCES, INC.                                                            
                                                         (08/479,995),                                                            
                                                         Senior Party.                                                            

                                        JUDGMENT - Bd. R. 127(b) - Requested                                                      
               Before LEE, TORCZON, and LANE, Administrative Patent Judges.                                                       
               TORCZON, Administrative Patent Judge.                                                                              
           1          The junior party has requested adverse judgment.  Paper 23.                                                 
           2          Judgment is entered AGAINST the junior party.                                                               
           3          When the interference was declared, neither of the junior party's patents had                               
           4   yet expired.  See 35 U.S.C. 135(a) (limiting authority to declare an interference                                  
           5   with a patent to unexpired patents).  On 21 November 2006, during the                                              
           6   interference, the 4,882,269 patent expired.  Ordinarily, expiration of the involved                                





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