Mohiuddin et al.v.SolleviDownload PDFBoard of Patent Appeals and InterferencesMay 9, 200807330156 (B.P.A.I. May. 9, 2008) Copy Citation BoxInterferences@uspto.gov Paper 16 Telephone: 571-272-4683 9 May 2008 UNITED STATES PATENT AND TRADEMARK OFFICE BOARD OF PATENT APPEALS AND INTERFERENCES Patent Interference No. 105,620 KING PHARMACEUTICALS RESEARCH & DEVELOPMENT, INC. (5,070,877), Junior Party, v. ITEM DEVELOPMENT AB (08/442,385), Senior Party. Before: SCHAFER, LEE, and TORCZON, Administrative Patent Judges. TORCZON, Administrative Patent Judge. JUDGMENT Bd.R. 127 REQUESTED Senior party Item states that it expressly abandons its involved 1 application (Paper 14). By operation of rule, express abandonment of an 2 involved application is treated as a request for adverse judgment. 37 C.F.R. 3 § 41.127(b)(1). 4 Accordingly, it is— 5 Interference No. 105,620 Page 2 ORDERED that judgment be entered against senior party Item for 1 count 1 (Paper 1 at 3); 2 FURTHER ORDERED that claims 56-59 of Item's involved 3 application be FINALLY REFUSED, 35 U.S.C. 135(a); and 4 FURTHER ORDERED that a copy of this judgment be entered in the 5 administrative records of the involved patent and application. 6 cc: Thomas E. Friebel and Jennifer J. Chedda, Jones Day, New York City, New York for King Pharmaceuticals Research & Development, Inc. John Scheibeler and Jean Shimotake, White & Case, New York City, New York for Item Development Aktiebolag Copy with citationCopy as parenthetical citation
