MASSAGUE et al.v.ELLEDGE et al.

Board of Patent Appeals and Interferences

Sep 3, 1998

08415655 (B.P.A.I. Sep. 3, 1998)

Application 08/415,655, filed April 4, 1995.1
Application 08/414,600, filed March 31, 1995.2
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publication in a law journal and (2) is not binding precedent of the Board.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. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
JOAN MASSAGUE and MONG-HONG LEE
Junior Party1
v.
STEPHEN J. ELLEDGE and JEFFREY W. HARPER
Senior Party2
__________
Patent Interference No. 103,970
___________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
JUDGMENT
Interference No. 103,970
The primary examiner has determined that Massague et al. Claims 1-8 and 11-203
are unpatentable. See PTO-850.
2
Elledge et al., the senior party, filed an abandonment of the contest as to a count
and conceded priority of the subject matter to junior party (Paper No. 26). Pursuant to 37
CFR § 1.662(a), the Elledge et al. paper is treated as a request for entry of an adverse
judgment as to all the claims which correspond to the count in this interference.
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to JOAN MASSAGUE and MONG-HONG LEE, the junior party. On this record,
party Massague is entitled to a patent containing claims 9, 10 and 60 and is not entitled to
a patent containing claims 1-8 and 11-20. Accordingly, STEPHEN J. ELLEDGE and3
JEFFREY W. HARPER, the senior party, are not entitled to a patent containing claims 41-
50 corresponding to the count.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Interference No. 103,970
3
MARY F. DOWNEY )
Administrative Patent Judge )
Kamrin T. MacKnight
Haverstock, Medlen and Carroll
220 Montgomery Street, Suite 2200
San Francisco, CA 94104
John P. White
Cooper and Dunham
1185 Avenue of the Americas
New York, NY 10036