Vecchio et al.v.Kothakonda et al.

Patent Trial and Appeal Board

Sep 6, 2013

11902211 (P.T.A.B. Sep. 6, 2013)

BoxInterferences@uspto.gov Paper 117
Telephone: 571-272-4683 ENTERED: 6 September 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT TRIAL AND APPEAL BOARD

Patent Interference No. 105,894

Ex parte SALIX PHARMACEUTICALS, INC.

(U.S. Patent 7,709,634
v.
Patent Application 12/452,152).

Before: RICHARD E. SCHAFER, RICHARD TORCZON
and JOHN G. NEW, Administrative Patent Judges.

PER CURIAM.
JUDGMENT
Bd.R. 127
on failure to respond to order to show cause

Salix was under an order to show cause why judgment should not
enter against claims 1-6 of its involved application. A response was due
3 September 2013.
1
No response has been filed.
The interference was declared with claims 1-7 of the application
corresponding to count 1, the sole count.
2
Claim 7 was finally rejected as a

1
Paper 116.
Interference No. 105,894 Page 2

consequence of judgment in a related interference.
3
With judgment against
claims 1-6, the application will no longer have any claims pending.
Accordingly, it is appropriate to now enter judgment against the application.

Judgment is entered against the 12/452,152 application inventors
4
for
count 1.
Claims 1-6 are of the involved 12/452,152 application are FINALLY
REFUSED.

A copy of this judgment will be entered in the administrative records
of the involved patent and application.

cc:

JANELLE D. WAACK and JASON W. BRYAN, Novak Druce + Quigg LLP, of
Houston, Texas.

2
Paper 1 (Decl’n).
3
Paper 115 (Dec’n) at 3 n.3; 35 U.S.C. 135(a) (2012) (judgment against
application claims is final rejection of such claims).
4
See Paper 1 at 3.