SCOTT et al.v.ELSBACH et al.

Board of Patent Appeals and Interferences

Aug 28, 1998

08361299 (B.P.A.I. Aug. 28, 1998)

Patent 5,334,584, granted August 2, 1994, based on1
Application 07/990,044, filed December 14, 1992. Accorded the
benefit of U.S. Application Nos. 07/681,551, filed April 5,
1991, now Patent No. 5,171,739, granted December 15, 1992;
07/567,016, filed August 13, 1990, now abandoned; 07/468,696,
filed 01/22/1990, now Patent No. 5,089,274, granted February
18, 1992; and 07/310,842, filed February 14, 1989, now
abandoned. Assignors to INCYTE Pharmaceuticals, Inc., Palo
Alto, CA.
Application 08/361,299, filed January 23, 1995. Accorded2
the benefit of U.S. Application Nos. 08/007,837, filed
January 22, 1993, now Patent No. 5,641,874, granted June 24,
1997; 07/805,031, filed December 11, 1991, now Patent No.
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(2) is not binding precedent of the Board.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. 19

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
RANDAL W. SCOTT and MARIAN N. MARRA,

Junior Party,1
v.
PETER ELSBACH and JERROLD WEISS,
Senior Party. 2
Interference No. 104,042
5,198,541, granted March 30, 1993; 07/762,730, filed
September 17, 1991, now abandoned; and 07/228,035, filed
August 5, 1988, now abandoned.
Pursuant to 37 CFR § 1.643(a), the assignee is entitled3
to prosecute this interference.
2
______________
Patent Interference No. 104,042
_______________
Before URYNOWICZ, SOFOCLEOUS, CAROFF, Administrative Patent
Judges.
CAROFF, Administrative Patent Judge.
JUDGMENT
The junior party patentee, Scott et al., through its
assignee, Incyte Pharmaceuticals, Inc., has filed a request3
for entry of an adverse judgment (Paper No. 15) pursuant to 37
CFR § 1.662(a), and a statutory disclaimer of the subject
matter of involved Scott patent claim 1 (Paper No. 16)
pursuant to 35 U.S.C. § 253. Accordingly, judgment is
hereby entered as follows:
Judgment as to the subject matter of the sole count in
issue is hereby awarded to Elsbach et al, the senior party.
Scott et al. are not entitled to their patent claim 1
Interference No. 104,042
3
corresponding to the count.
Interference No. 104,042
4
On this record, Elsbach et al. are entitled to their
involved claims 13-26.
_____________________________ )
Administrative Patent Judge )
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) BOARD OF PATENT
_____________________________ ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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Administrative Patent Judge )
Interference No. 104,042
5
Attorneys for Scott et al.:
John P. White et al.
Cooper & Dunham
1185 Avenue of the Americas
New York, NY 10036
Attorneys for Elsbach et al.:
Marshall O'Toole Gerstein Murray & Borun
6300 Sears Tower
233 South Wacker Drive
Chicago, IL 60606-6402