Ex Parte Bianchi

Board of Patent Appeals and Interferences

Oct 3, 2005

08338279 (B.P.A.I. Oct. 3, 2005)

Boxlnterferences@USPTO.gov Not binding precedent
Tel: 571-272-9797
Paper 37
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES)
Patent Interference No. 105,272
REGENTS OF THE
UNIVERSITY OF CALIFORNIA'
(08/478,740),
Junior Party,
V.
CHILDREN'S MEDICAL CENTER
CORPORATION 2
(5,641,628),
Senior Party.
Entered: 3 October 2005
Judgment - Bd. R. 127(b)
Before SCHAFER, TORCZON, and LANE, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
As detailed in Paper 36, the junior party has not filed a preliminary staternent and
does not intend to do so. Failure of a junior party to contest priority is construed to be
an abandonment of the contest. Bd.R. 127(b)(4).
JUDGMENT
DECIDED that judgment on priority be entered against the junior party, the
Regents of the University of California, for the subject matter of count 1, the sole count;
I Licensee: Vysis, Inc., a wholly owned subsidiary of Abbott Laboratories, Inc.
2 Licensee: Genzyme Corp. Sublicensee: Living Microsystems, Inc.
MMMOMMMMM"
Interference No. 105,272 Paper 37
Regents of Univ. of Cal. v. Children's Med. Ctr. Corp. Page 2
FURTHER DECIDED that this decision permanently disposes of claims 62-65
and 125-148 of the junior party's involved 08/478,740 application, Bd.R. 127(a)(:'); and
FURTHER DECIDED that a copy of this decision be entered in the administrative
records of the senior party's 5,641,628 patent and of the junior party's 08/478,74.0
application.
cc (via electronic mail):
For the Regents of the University of California: R. Danny Huntington and Malcolm K.
McGowan, BINGHAM MCCUTCHEN ILLPof Washington, D.C.
For Children's Medical Center Corp: John W. Freeman, FISH & RICHARDSON of Boston,
Massachusetts; and Mary Ann Dillahunty, FISH & RICHARDSON of Redwood City,
California.
Notice: Agreements and understandings regarding the termination of an interference
are subject to filing requirements under 35 U.S.C. 135(c).
Notice: In the event of judicial review, note the requirements of Bd. R. 8(b).
Page I of I
Townes, Yolunda
From: Townes, Yolunda on behalf of Interference Trial Section
Sent: Monday, October 03, 2005 4:46 PM
To: 'Freeman, John (FISH & RICHARDSON)'; 'Huntington, Danny (BINGHAM McCUTCHEN)';
'McGowan, Malcolm (BINGHAM McCUTCHEN)';'Dillahunty, Mary Ann (FISH & RICHARDSON)'
Subject: Interference #1 05272_037 (RT) - Judgment-Bd.R. 127(b)
10/4/05