MASSAGUEv.LIN et al.

Board of Patent Appeals and Interferences

Apr 21, 1998

08311703 (B.P.A.I. Apr. 21, 1998)

Application 08/181,862, filed January 13, 1994. Accorded benefit of Application1
07/793,997, filed November 15, 1991.
Application 08/311,703 filed September 23, 1994. Accorded benefit of2
Application 07/786,063, filed October 31, 1991.
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publication in a law journal and (2) is not binding precedent of the Board.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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
JOAN MASSAGUE
Junior Party1
v.
HERBERT Y. LIN, XIAO-FAN WANG,
ROBERT A. WEINBERG and HARVEY LODISH
Senior Party 2
___________
Patent Interference No. 103,770
___________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
JUDGMENT
On April, 2, 1998, Massague, the junior party, filed an abandonment of the contest,
Interference No. 103,770
2
which pursuant to 37 CFR § 1.662(a) is treated as a request for entry of an
adverse judgment as to all the claims which correspond to the count in this interference
(Paper No. 30).
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to Herbert Y. Lin, Xiao-Fan Wang, Robert A. Weinberg and Harvey F. Lodish, the
senior party. Accordingly, Joan Massague, the junior party, is not entitled to a patent
containing claims 8-10, 15-17, 34, 35, 46-61, 63, 65 and 90 corresponding to the count.
And on this record, party Lin et al. is entitled to a patent containing claims 9, 12, 13, 16, 18,
and 35-44.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )
John P. White
Cooper & Dunham
Interference No. 103,770
3
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