LACROIXv.LACROIX V. BELLINI et al. V. BELLINI et al.

Board of Patent Appeals and Interferences

Jul 30, 1998

07549964 (B.P.A.I. Jul. 30, 1998)

Application 08/432,520, filed May 1, 1995. Accorded the 1
benefit of U.S. Application Nos. 07/148,821, filed January
27, 1988; 07/185,518, filed April 22, 1988; 07/281,205, filed
December 8, 1988; 07/549,964, filed July 9, 1990, now Patent
No. 5,241,047, issued August 31, 1993; 08/077,085, filed June
16, 1993. Assignor to BioChem Pharma Inc.
Patent No. 5,241,047, granted August 31, 1993, based on2
Application 07/549,964, filed July 9, 1990. Accorded the
benefit of U.S. Application Nos. 07/148,821, filed January 27,
1988; 07/185,518, filed April 22, 1988; 07/281,205, filed
December 8, 1988. Assignor to BioChem Pharma Inc.
Application 07/148,821, filed January 27, 188. Assignor3
to BioChem Pharma Inc.
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(2) is not binding precedent of the Board.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. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
MARTIAL LACROIX,
Junior Party,1
v.
MARTIAL LACROIX,
Junior Party,2
v.
FRANCESCO BELLINI, MARTIAL LACROIX
AND GERVAIS DIONNE,
Junior Party,3
Interference No. 104,054
Application 07/185,518, filed April 22, 1988. Accorded4
benefit of U.S. Application No. 07/148,821, filed January 27,
1988. Assignor to BioChem Pharma Inc.
Application 07/281,205, filed December 8, 1988. Accorded5
benefit of U.S. Application Nos. 07/148,821, filed January 27,
1988; and 07/185,518, filed April 22, 1988. Assignor to
Biochem Pharma Inc.
Application 07/473,994, filed June 22, 1990. Accorded6
benefit of PCT Application No. SE88/00570, filed October 27,
1988; and Sweden 8704185-1 filed October 28, 1987. Assignor
to Ferring AB of Sweden.
2
v.
FRANCESCO BELLINI, MARTIAL LACROIX
AND GERVAIS DIONNE,
Junior Party,4
v.
FRANCESCO BELLINI, MARTIAL LACROIX
AND GERVAIS DIONNE,
Junior Party,5
v.
JERZY TROJNAR, ULLA RUDEN
AND BRITTA WAHREN,
Senior Party.6

______________
Patent Interference No. 104,054
_______________
Before CALVERT, CAROFF, and METZ, Administrative Patent
Judges.
CAROFF, Administrative Patent Judge.
Interference No. 104,054
3
Interference No. 104,054
4
JUDGMENT
All of the junior parties, Lacroix-Bellini et al., have
filed a request for entry of adverse judgment (Paper No. 21)
contingent upon the grant of their preliminary motions to
designate certain claims as not corresponding to the count.
Those unopposed preliminary motions have been granted in a
concurrent Decision on Motions (Paper No. 26). Accordingly,
judgment is hereby entered pursuant to 37 CFR § 1.662(a) as
follows:
Judgment as to the subject matter of the sole count in
issue is hereby awarded to Trojnar et al., the senior party.
Therefore, on this record, Trojnar et al. are entitled to
their claims 29-52 corresponding to the count. On the other
hand, the junior parties are not entitled to their claims
corresponding to the count as enumerated below:
Lacroix (‘520) : Claims 28-29, 31-34, 36 and 42-44
Lacroix (‘964) : Claims 1-2 and 7-9
Bellini et al. (‘821): Claims 11-14 and 16-18
Bellini et al. (‘518): Claims 27-28 and 30-33
Bellini et al. (‘205): Claims 15-20
Interference No. 104,054
5
As to the Lacroix-Bellini et al. claims designated as not
corresponding to the count, upon resumption of ex parte
prosecution Lacroix-Bellini et al. should request that the
examiner consider whether any of those claims conflict with
each other under the “double patenting” doctrine.
The preliminary statements filed in this interference
remain sealed on the record and are being returned in
accordance with 37 CFR § 1.631(c).
The parties are reminded that any settlement agreement
between them must be filed prior to termination of the
interference. In this regard, see 37 CFR § 1.666(a).
____________________________ )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
____________________________ ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
____________________________ )
Administrative Patent Judge )
Interference No. 104,054
6
Enclosures:
Unopened preliminary statements
Interference No. 104,054
7
Attorneys for Lacroix ‘520, Lacroix ‘964,
Bellini et al.‘821, Bellini et al.‘518 and Bellini et al.‘205:
Nixon & Vanderhye P.C.
1100 North Glebe Road
8th Floor
Arlington, VA 22201-4714
Attorneys for Trojnar et al.:
Oblon, Spivak, McClelland, Maier & Neustadt, P.C.
1755 Jefferson Davis Highway
Fourth Floor
Arlington, VA 22202