WILLSON et al.v.Bonnefoy et al.

Board of Patent Appeals and Interferences

Aug 14, 2009

09545002 (B.P.A.I. Aug. 14, 2009)

BoxInterferences@uspto.gov Paper 17
Telephone: 571-272-4683 14 August 2009

UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES

Patent Interference No. 105,702 (RT)

SMITHKLINE BEECHAM CORPORATION
(US 6,743,604),
Junior Party,

v.

ZENYTH OPERATIONS PTY. LTD.
a subsidiary of CSL Limited
(09/051,843),
Senior Party.

Before: JAMESON LEE, RICHARD TORCZON, and MICHAEL P.
TIERNEY, Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127(b)(1)
requested1

1 NOTE: "Any agreement or understanding between parties to an
interference, including any collateral agreements referred to therein, made in
connection with or in contemplation of the termination of the interference,
shall be in writing and a true copy thereof filed in the Patent and Trademark
Office before the termination of the interference as between the said parties
Interference No. 105,702 Page 2

The senior party (Zenyth) has filed an express abandonment of its
involved application and, consistent with the abandonment, requests entry of
adverse judgment. The express abandonment may be entered when the
application is returned to the examining corps.2 A copy of the judgment
shall be entered in the record for the involved patent and the involved
application.
Accordingly—
Judgment is ENTERED AGAINST Zenyth for the subject matter of
count 1,3 the sole count; and
Claims 1, 2, 7, 10, 25, 28, 29, 37, 43, 44, 47-49, 53, and 54 of
Zenyth's involved application are FINALLY REFUSED.4

Elliot M. Olstein and Raymond J. Lillie, CARELLA, BYRNE, BAIN, GILFILLAN,
CECCHI, STEWART & OLSTEIN, P.A., of Roseland, New Jersey

Frank S. DiGiglio and Xiaochun Zhu, SCULLY, SCOTT, MURPHY & PRESSER,
P.C., of Garden City, New York.

to the agreement or understanding." 35 U.S.C. 135(c); see also Bd.R. 205
(settlement agreements).
2 Bd.R. 103.
3 See Paper 1 at 3.
4 35 U.S.C. 135(a).