LEMAIRE et al. V. WALLACH et al. - Page 2




             Interference No. 103,625                                                                           
                                                 ___________                                                    

                                               FINAL DECISION                                                   

             Before WINTERS, DOWNEY and WILLIAM F. SMITH, Administrative Patent Judges.                         
             DOWNEY, Administrative Patent Judge.                                                               


                          This interference involves a patent to LeMaire et al. (LeMaire), U.S. Patent          
             No. 5,344,915, assigned to BASF Aktiengesellschaft, and an application to Wallach et al.           
             (Wallach), Serial No. 07/930,443, assigned to Yeda Research and Development Co. Ltd.               
                          The subject matter at issue is specific tumor necrosis factor binding proteins        
             having specific N-terminal amino acid sequences and is defined by a single bifurcated              
             count which reads as follows:                                                                      
             Count 1                                                                                            
                          a) An isolated and purified Tumor Necrosis Factor (TNF) binding protein               
             (TBPII) having the following characteristics:                                                      
                          i. an N-terminal amino acid sequence: Xaa-Pro-                                        
                          Tyr-Ala-Pro-Glu-Pro-Gly-Ser-Thr, where Xaa consists of the following                  
                          amino acid sequences: Thr, Val-Ala-Phe-Thr-, and Phe- Thr;                            
                          ii. the ability to inhibit the cytotoxic effect of TNF-" on murine A9 cells;          
                          iii. a molecular weight of about 30kd in reducing SDS-PAGE analysis.                  
                                                       or                                                       
                          b) A purified and isolated TNF"-binding protein which has a molecular                 
             weight of about 42,000 daltons and has at the N terminus the amino acid sequence                   


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