Alitalov.Ullrich et al.

Board of Patent Appeals and Interferences

Aug 12, 1998

08426509 (B.P.A.I. Aug. 12, 1998)

Application No. 08/320,432, filed October 7, 1994. 1
Application No. 08/426,509, filed April 21, 1985. 2
Accorded Benefit of U.S. Application No. 08/233,545, filed
April 22, 1994. Assignors to Max Planck Gesellschaft Zur
Förderung der Wissenschaften E.V. and Sugen, Inc.
-1-
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 30
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
KARI ALITALO
Junior Party,1
v.
AXEL ULLRICH, MIKHAIL GISHIZKY
and IRMINGARD SURES
Senior Party.2
________________
Interference No. 104,006

Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
SOFOCLEOUS, Administrative Patent Judge.
Interference No. 104,006
-2-
Interference No. 104,006
-3-
JUDGMENT
Alitalo, the junior party, has filed a request for entry
of an adverse judgment. Pursuant to 37 CFR § 1.662(a),
judgment as to the subject matter of the count in issue is
hereby awarded to
Axel Ullrich, Mikhail Gishizky and Irmingard Sures, the senior
party. Accordingly, Kari Alitalo is not entitled to a patent
containing claim 1 corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 104,006
-4-
Attorneys for Alitaro:
Thomas C. Meyers
Marshall, O'toole, Gerstein,
Murray & Borun
6300 Sears Tower
233 South Wacker Dr.
Chicago, IL 60606-6402
Attorneys for Ullrich et al.:
Christopher J. Smith, Esq.
Sugen, Inc.
351 Galveston Dr.
Redwood City, CA 94063