JOHNSON et al.v.ULLRICH et al.

Board of Patent Appeals and Interferences

Aug 12, 1998

08153397 (B.P.A.I. Aug. 12, 1998)

Application No. 08/292,299, filed August 16, 1994. 1
Accorded Benefit of U.S. Application No. 08/077,254, filed
June 14, 1993, now abandoned. Assignors to The Regents of the
University of California, a California Corporation.
Application No. 08/153,397, filed November 16, 1993. 2
Assignor to Max Planck Gesellschaft Zur Förderung der
Wissenschaften.
-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journal and (2) is not binding precedent of the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. 37
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
JEFFREY D. JOHNSON and WILLIAM J. RUTTER
and JEFFREY C. EDMAN
Junior Party,1
v.
AXEL ULLRICH and FRANK ALVES
Senior Party.2
________________
Interference No. 103,826

Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
Interference No. 103,826
-2-
SOFOCLEOUS, Administrative Patent Judge.
JUDGMENT
Johnson et al., the junior party, have 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 and Frank Alves, the
senior party. Accordingly, Jeffrey D. Johnson, William J.
Rutter and
Jeffrey C. Edman are not entitled to a patent containing
claims 15 and 40.
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. 103,826
-3-
Attorneys for Ullrich et al.:
S. Leslie Misrock
Pennie & Edmonds
1155 Avenue of the Americas
New York, NY 10036-2711
Attorneys for Johnson et al.:
Edward J. Keeling
TOWNSEND AND TOWNSEND and CREW, LLP
Two Embarcadero Center, 8th Floor
San Francisco, CA 94111-3834