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Mail Stop Interference Paper 49
`P.O. Box 1450 Filed: 31 August 2009
`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
`
`
`DAVID SHAFER, WILHELM ULRICH,
`AURELIAN DODOC,RUDOLF VON BUENAU,
`HANS-JUERGEN MANN, ALEXANDER EPPLE,
`SUSANNE BEDER, and WOLFGANG SINGER
`Junior Party
`(Application 11/653,366),
`
`v.
`
`YASUHIRO OMURA
`Senior Party
`(Patent 7,309,870).
`
`
`Patent Interference No. 105,678 (SCM)
`
`
`Before JAMESON LEE, SALLY GARDNER LANE, and SALLY C. MEDLEY,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`Judgment – Request for Adverse – Bd.R. 127(b)
`
`1
`
`

`
`
`
`On 26 August 2009, Omura filed “OMURA RESPONSE 1 (to Shafer
`Substantive Motion No. 1)” (Paper 47), in which Omura concedes that Omura’s
`involved patent does not provide written description support for certain claim
`terms found in all of Omura’s involved claims. (Paper 47 at 2:4-10). Omura also
`does not seek to add new claims. The concession is construed as a request for
`entry of adverse judgment. 37 C.F.R. §41.127(b)(3). The request is granted.
`
`Accordingly, it is
`ORDERED that judgment as to the subject matter of Count 1 (Paper
`
`
`1 at 4) is entered against Omura;
`FURTHER ORDERED that claims 21-24 of Omura’s involved
`
`
`patent are CANCELLED, 35 U.S.C. § 135(a); and
`FURTHER ORDERED that the parties shall note the requirements
`
`
`of 35 U.S.C. § 135(c) and Bd.R. 205; and
`FURTHER ORDERED that a copy of this judgment be entered in
`
`
`the administrative records of the involved Omura patent and Shafer application.
`
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`2
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`

`
`1
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`32
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`cc (via electronic filing):
`
`Counsel for Shafer:
`
`Marc M. Wefers, Esq.
`Chris C. Bowley, Esq.
`FISH & RICHARDSON, P.C.
`225 Franklin Street
`Boston, MA 02110-2804
`Email:
`wafers@fr.com
`Email:
`bowley@fr.com
`
`Oliver R. Ashe, Jr., Esq.
`ASHE, P.C.
`11440 Isaac Newton Sq. North
`Suite 210
`Reston, VA 20190
`Email:
`oashe@ashepc.com
`
`Counsel for Omura:
`
`Barry E. Bretschneider, Esq.
`Peter J. Davis, Esq.
`MORRISON & FOERSTER, LLP
`1650 Tysons Boulevard
`Suite 400
`McLean, VA 22102
`Email:
`bbretschneider@mofo.com
`Email:
`pdavis@mofo.com
`
`
`3

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