Hession et al.v.Rice et al.

Board of Patent Appeals and Interferences

Apr 29, 1998

08035674 (B.P.A.I. Apr. 29, 1998)

Application 08/035,674, filed March 23, 1993, now Patent No. 5,357,056, issued1
November 22, 1994. Accorded benefit of Application 07/452,675, filed December 18,
1989, now Patent No. 5,272,263, issued December 21, 1993. Assignee to Biogen, Inc..
Application 08/099,102, filed July 29, 1993. Accorded benefit of Application2
07/310,201, filed February 14, 1989.
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publication in a law journal and (2) is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
CATHERINE A. HESSION, ROY R. LOBB, SUSAN E. GOELZ,
LAURELEE OSBORN, CHRISTOPHER D. BENJAMIN and MARGARET D. ROSA
Junior Party1
v.
G. EDGAR RICE and MICHAEL P. BEVILACQUA
Senior Party 2
__________
Patent Interference No. 103,904
___________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
Interference No. 103,904
2
JUDGMENT
Hession et al., the junior party, filed pursuant to 37 CFR § 1.662(a) a request for
entry of an adverse judgment as to all their claims which correspond to the count in this
interference (Paper No. 24).
Accordingly, JUDGMENT as to the subject matter of the count in issue is hereby
awarded to G. EDGAR RICE and MICHAEL P. BEVILACQUA, the senior party.
Accordingly, CATHERINE A. HESSION, ROY R. LOBB, SUSAN E. GOELZ, LAURELEE
OSBORN, CHRISTOPHER D. BENJAMIN and MARGARET D. ROSA are not entitled to
their patent containing claims 1-6 corresponding to the count. On this record Rice et al.
are entitled to a patent containing claims 108-111.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL SOFOCLEOUS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MARY F. DOWNEY )
Administrative Patent Judge )
James F. Haley, Jr.
Interference No. 103,904
3
Fish & Neave
1251 Avenue of the Americas
New York, NY 10020
James F. Haley, Jr., Esq.
c/o Fish & Neave
1251 Avenue of the America
50th Floor
New York, NY 10020