BONINI et al. V. Chen et al. - Page 2





        1          Lundbeck has filed a request for adverse judgment as to Count 1, the sole                
        2   count in interference.  (Paper 23).  No motions have been filed in this interference.           
        3   It is:                                                                                          
        4          ORDERED that judgment on priority as to Count 1, the sole count in                       
        5   interference (Redeclaration, Paper 22), is awarded against Junior Party Lundbeck.               
        6          FURTHER ORDERED that Junior Party Lundbeck is not entitled to claims                     
        7   1-3, 5-9 and 12-20 of U.S. Patent 6,221,660, all of which correspond to Count 1,                
        8          FURTHER ORDERED that a copy of this paper shall be made of record in                     
        9   the files of Lundbeck, U.S. Patent 6,221,660 and Arena Pharmaceuticals, U.S.                    
       10   Application 10/272,983.                                                                         
       11          FURTHER ORDERED that the parties’ attention is directed to 35 U.S.C.                     
       12   §135(c) and Bd. R. 205.                                                                         
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