Lennon et al.v.Aguera et al.

Patent Trial and Appeal Board

Apr 15, 2015

10220042 (P.T.A.B. Apr. 15, 2015)

-1-
BoxInterferences@uspto.gov Filed: April 15, 2015
Tel: 571-272-4683

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

VANDA A. LENNON,
ZHIYA YU, THOMAS J. KRYZER,
AND GUY E. GRIESMANN
Junior Party,
(Application 09/606,924)

v.

MICHELE AGUERA,
JEAN-CHRISTOPHE ANTOINE, MARIE-FRANCOISE BELIN,
JEROME HONNORAT, AND VERONIQUE ROGEMOND,
Senior Party,
(Patent 7,329,499)

Patent Interference No. 106,015
(Technology Center 1600)

Before: SALLY GARDNER LANE, DEBORAH KATZ, and HUNG H. BUI,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

Judgment – Request for Adverse – Bd. R. 127(b)

-2-
Junior party Lennon has requested adverse judgment. (Request, Paper 18). 1
The Request is GRANTED. 2
Upon consideration of the record and for reasons given, it is: 3
ORDERED that judgment on priority as to Count 1, the sole count of the 4
interference, is entered against junior party Lennon; 5
FURTHER ORDERED that claims 41–47 of Lennon application 6
09/606,924, which claims correspond to Count 1 (Declaration, Paper 1 at 4–5), are 7
FINALLY REFUSED, 35 U.S.C.§135(a)1; 8
FURTHER ORDERED that the parties note the requirements of 35 U.S.C. 9
§135(c) and Bd.R. 205; 10
FURTHER ORDERED that a copy of this judgment shall be entered into the 11
administrative record of Aguera patent 7,329,499 and Lennon application 12
09/606,924; 13
FURTHER ORDERED that, if a party seeks judicial review, the party must 14
file a notice with the Board within seven days of initiating judicial review. Bd. R. 15
41.8(b). We direct the parties’ attention to Biogen Idec MA, Inc., v. Japanese 16
Foundation for Cancer Research, 38 F. Supp. 3d 162 (D.Mass. 2014); and 17
FURTHER ORDERED that the conference call scheduled for 17 April 2015 18
is CANCELLED. 19

1 Any reference to a statute in this Judgment is to the statute that was in effect on March
15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011).

-3-

cc (via electronic):

Attorney for Lennon:

J. Patrick Finn III, Ph.D.
finn@fr.com

Marc M. Wefers, Ph.D.
wefers@fr.com

Attorney for Aguera:

Kristel Schorr
kschorr@foley.com

George E. Quillin
gquillin@foley.com