Owerbachv.Erlich et al.

Board of Patent Appeals and Interferences

Mar 26, 1998

07121519 (B.P.A.I. Mar. 26, 1998)

Application No. 06/880,857, filed 07/01/86, now U.S.1
Patent No. 4,965,189, issued 10/23/90. Assignor to University
of Massachusetts Medical School, A MA Corp.
Application No. 07/121,519, filed 11/17/87. Accorded2
Benefit of U.S. Application Nos. 06/899,512, filed 08/22/86;
06/899,344, filed 08/22/86; and 06/839,331, filed 03/31/86;
all abandoned. Assignor to Hoffman-La Roche, Inc., A Corp. of
NJ.
-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journal and (2) is not binding precedent of the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. 25
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
DAVID OWERBACH
Junior Party,1
v.
HENRY A. ERLICH and GLENN T. HORN
Senior Party.2
________________
Interference No. 103,840
________________
Before URYNOWICZ, SOFOCLEOUS and DOWNEY, Administrative Patent
Judges.
Interference No. 103,840
-2-
SOFOCLEOUS, Administrative Patent Judge.
Interference No. 103,840
-3-
JUDGMENT
The amendment, filed on February 6, 1988, in the involved
Erlich et al. application has been entered. Roche Molecular
Systems, Inc., the common assignee of Owerbach, the junior
party, and Erlich et al., the senior party, has filed an
abandonment of the invention on behalf of both parties, which,
pursuant to 37 CFR § 1.662(a), is treated as a request for
entry of an adverse judgment as to all claims which correspond
to the count.
Accordingly, judgment as to the subject matter of the
count in issue is hereby awarded against both parties. David
Owerbach, the junior party, is not entitled to a patent
containing claims 1, 4 and 7 and Henry A. Erlich and Glenn T.
Horn, the senior party, are not entitled to a patent
containing claims 13, 41, 47, 65 and 66.
STANLEY M. URYNOWICZ, JR. )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
Interference No. 103,840
-4-
MARY F. DOWNEY )
Administrative Patent Judge )
Attorney for Owerbach:
J. Peter Fasse, Esq.
Fish & Richardson, P.C.
225 Franklin St.
Boston, MA 02110-2804
Attorney for Erlich et al.:
Stacey R. Sias, Ph.D.
Hoffman-La Roche, Inc.
340 Kingsland St.
Nutley, NJ 07110