Collins et al.v.Caput et al. V. Collins et al. V. Caput et al.

Board of Patent Appeals and Interferences

Jan 5, 2012

09714792 (B.P.A.I. Jan. 5, 2012)

BoxInterferences@uspto.gov Paper 159
Telephone: 571-272-4683 ENTERED: 5 January 2012

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

Patent Interference No. 105,757

PFIZER INC.
(U.S. Patents 5,710,023, 6,214,559, 6,248,714,
6,268,480, 7,078,494 and 7,674,591),
Junior Party,

v.

SANOFI-AVENTIS
(U.S. Applications 11/183,599 and 11/185,230),
Senior Party.

Before: RICHARD TORCZON, SALLY G. LANE and LORA M. GREEN,
Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127
on priority

In view of the decision on motions and priority,1

1 Paper 157.
Interference No. 105,757 Page 2

Judgment is entered against the senior party (Sanofi) for count 3.2
Claims 50-53 and 56-59 of Sanofi's involved 11/183,599 application
and claims 44, 45, 47, 53, 55-58 and 62-65 of Sanofi's involved 11/185,230
application are FINALLY REFUSED.3

A copy of this judgment will be entered in the administrative records of the
involved patents and the involved applications.

cc:

James F. Haley, Jr., Jane T. Gunnison, and Z. Ying Li, ROPES & GRAY, LLP,
of New York, New York for junior party.

Thomas J. Vetter and Paul Diamond, LUCAS & MERCANTI, LLP, of New
York, New York, for senior party.

2 Paper 158 at 2.
3 35 U.S.C. 135(a).