Wiley et al.v.Ruben

Board of Patent Appeals and Interferences

Dec 6, 2005

08670354 (B.P.A.I. Dec. 6, 2005)

Ruben's real party-in-interest is said to be Human Genome Sciences, Inc.1
Wiley's real party-in-interest is said to be Immunex Corp.2
The opinion in support of the decision being entered today is not binding
precedent of the Board.
Paper 124
Filed by: Merits Panel Filed 6 December 2005
Board of Patent Appeals and Interferences
Mail Stop Interference
P.O. Box 1450
Alexandria Va 22313-1450
Tel: 571-272-9797
Fax: 571-273-0042
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
(Administrative Patent Judge Sally Gardner Lane)
_______________
STEVEN M. RUBEN
Junior Party ,1
(Application 08/816,981),
v.
STEVEN R. WILEY
and RAYMOND G. GOODWIN
Senior Party ,2
(Patent 5,763,223).
______________
Patent Interference No. 105,077
_______________
Before: LANE, MOORE, and NAGUMO, Administrative Patent Judges.
NAGUMO, Administrative Patent Judge.
JUDGMENT — Merits — Bd. R. 127
Interference 105,077 Paper 124
Ruben v. Wiley
-2-
For the reasons set out in Decision — Priority — Bd.R.
125(a) (Paper 123), it is:
ORDERED that priority as to Count 1, the sole count in
this interference, is entered against Ruben.
FURTHER ORDERED that Steven M. Ruben is not entitled to
a patent to claims 1–3, 6, 7, 9–12, 23, 24, 39–44, 46, 47, 49–54,
57–62, which are all the claims of application 08/816,981.
FURTHER ORDERED that a copy of Decision — Priority —
Bd.R. 125(a) (Paper 123) shall be entered in the files of
application 08/816,981 and U.S. Patent 5,763,223.
FURTHER ORDERED that a copy of this Judgment shall be
entered in the files of application 08/816,981 and U.S. Patent
5,763,223.
FURTHER ORDERED that if there is a settlement, the
attentions of the parties are directed to 35 U.S.C. § 135(c) and
37 CFR § 41.205.
/Sally Gardner Lane/ )
ADMINISTRATIVE PATENT JUDGE )
)
)
/James T. Moore/ ) BOARD OF PATENT
ADMINISTRATIVE PATENT JUDGE ) APPEALS AND
) INTERFERENCES
/Mark Nagumo/ )
ADMINISTRATIVE PATENT JUDGE )
cc (via overnight delivery):
Attorney for Ruben (real party in interest: Human Genome
Sciences, Inc):
Jorge Goldstein
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
1100 New York Avenue, N.W.
Washington, DC 20005-3934
Tel: 202-371-2600
Fax: 202-371-2540
Attorney for Wiley (real party in interest: Immunex Corporation):
Gordon Kit
SUGHRUE MION PLLC
2100 Pennsylvania Ave., N.W.
Suite 800
Washington, DC 20037-3202

Tel: 202-293-7060
Fax: 202-293-7860