USUIv.MCCORMICK et alDownload PDFBoard of Patent Appeals and InterferencesFeb 14, 200308817101 (B.P.A.I. Feb. 14, 2003) Copy Citation BOX INTERFERENCE WASHINGTON DC 20231 703-308-9797 703-305-0942 (fax) Paper 10 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES MITSUGU USUI MARI YAMAGUCHI, MOTOHITO KANESHIMA, and AKIJI AOKI (08/817,101), Junior Party, v. MARK R. McCORMICK (08/724,631), Senior Party. Interference No. 105,065 Before SCHAFER, TORCZON, and TIERNEY, Administrative Patent Judges. TORCZON, Administrative Patent Judge. JUDGMENT (PURSUANT TO 37 CFR § 1.662(a)) INTRODUCTION Junior party Usui has requested (Paper 7) adverse judgment as to all of its claims corresponding to count 1, the sole count. Entry of adverse judgment renders moot McCormick's request (Paper 5) for copies and further action in this interference, specifically including the telephone conference scheduled for 27 March 2003 (Paper 1). Interference No. 105,065 Usui v. McCormick Page 2 Paper 10 Notice: Any agreement or understanding between parties to this interference, including any collateral agreements referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing and a true copy thereof filed in the United States Patent and Trademark Office before termination of the interference as between said parties to the agreement or understanding. 35 U.S.C. 135(c); 37 C.F.R. § 1.661. ORDER Upon consideration of Usui's request for adverse judgment, it is— ORDERED that Usui's request for adverse judgment be GRANTED; FURTHER ORDERED that judgment on priority as to Count 1 be awarded against junior party Usui; FURTHER ORDERED that junior party Usui not be granted to a patent containing the subject matter of claims 28, 30-35, 43, and 44 of Usui's 08/817,101 application, which correspond to Count 1; and FURTHER ORDERED that a copy of this decision be given a paper number and be entered in the administrative record of Usui's 08/817,101 and McCormick's 08/724,631 application. RICHARD E. SCHAFER Administrative Patent Judge RICHARD TORCZON Administrative Patent Judge MICHAEL P. TIERNEY Administrative Patent Judge BOARD OF PATENT APPEALS AND INTERFERENCES INTERFERENCE TRIAL SECTION Interference No. 105,065 Usui v. McCormick Page 3 Paper 10 cc (facsimile): Counsel for Usui (real party-in-interest, Sanko Junyaku K.K.): George E. Oram Robert K. Carpenter ARENT FOX KINTNER PLOTKIN & KAHN PLLC 1050 CONNECTICUT AVE NW STE 400 WASHINGTON DC 20036-5339 Tel: 202-857-6000 Fax: 202-638-4810 Counsel for McCormick (real party-in-interest, EMD Biosciences, Inc., a subsidiary of Merck KGaA): Nicholas J. Seay Dir: 608-283-2484 Bennett J. Berson Dir: 608-283-2418 QUARLES & BRADY PO BOX 2113 MADISON WI 53701-2113 Tel: 608-251-5000 Fax: 608-251-9166 Copy with citationCopy as parenthetical citation
