THOMSON et al.v.BUCHARDT et al.

Board of Patent Appeals and Interferences

Jun 29, 1998

08108591 - (J) (B.P.A.I. Jun. 29, 1998)

Application No. 07/809,661, filed December 18, 1991. 1
Assignor to Glaxo Inc. of Research Triangle Park, North
Carolina.
Application No. 08/108,591, filed November 22, 1993. 2
Accorded Benefit of Applications PCT EP92/01219, filed
May 22, 1992; Denmark DK 0510/92, filed April 15, 1992 and
Denmark DK 0986/91 and 0987/91, filed May 24, 1991.
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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journal and (2) is not binding precedent of the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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
STEPHEN A. THOMSON, STEWART A. NOBLE
and DANIEL J. RICCA
Junior Party,1
v.
OLE BUCHARDT, MICHAEL EGHOLM, PETER E. NIELSEN
and ROLF H. BERG
Senior Party.2
________________
Interference No. 103,897

Before RONALD H. SMITH, SOFOCLEOUS and DOWNEY, Administrative
Patent Judges.
Interference No. 103,897
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SOFOCLEOUS, Administrative Patent Judge.
Interference No. 103,897
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JUDGMENT
Thomson et al., the junior party, have filed an express
abandonment of their involved application, 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 to Ole Buchardt, Michael
Egholm,
Peter E. Nielsen and Rolf H. Berg, the senior party.
Stephen A. Thomson, Stewart A. Noble and Daniel J. Ricca, the
junior party, are not entitled to a patent containing claims
37 to 44 corresponding to the count.
RONALD H. SMITH )
Administrative Patent Judge )
)
)
)
MICHAEL SOFOCLEOUS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
MARY F. DOWNEY )
Administrative Patent Judge )
Interference No. 103,897
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Interference No. 103,897
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Attorney for Thomson et al.:
Herb Boswell
Isis Pharmaceuticals, Inc.
2292 Faraday Ave.
Carlsbad, CA 92008
Attorney for Buchardt et al.:
Richard D. Kelly
OBLON, SPIVAK, McCLELLAND,
MAIER NEUDSTADT, P.C.
4th Floor
1755 Jefferson Davis Hwy.
Arlington, VA 22202