GRAY et al v. ALTON et al - Page 15




                       IV.    Conclusion                                                                                           
                       The evidence pointed out to us by the parties is sufficient to show that Dr. Alton formed a                 
               definite and permanent idea of [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-(, including how it was                     
               to be used in practice. We have been directed to no evidence establishing that Dr. Alton’s plan                     
               for constructing [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( was insufficient to enable one of                       
               ordinary skill in the art to make the invention without extensive experimentation.  Thus, we                        
               determine that, on the record before us,  prima facie conception by Alton has been established.                     
               Accordingly, it is appropriate to enter judgment against Gray.                                                      
                       V.     Order                                                                                                
                       Upon consideration of the record of the interference and for reasons given, it is                           
                              ORDERED that the JOINT MOTION UNDER 37 C.F.R. § 1.635 FOR                                            
               DETERMINATION ON ALTON PRIORITY PROOFS (Paper 54) is GRANTED;                                                       
                              FURTHER ORDERED that, on the record before us, a prima facie showing of                              
               conception by Alton has been made;                                                                                  
                              FURTHER ORDERED that judgment on priority is awarded against PATRICK                                 
               W. GRAY and ERNST H. RINDERKNECHT as to Count 2;                                                                    
                              FURTHER ORDERED that PATRICK W. GRAY and ERNST H.                                                    
               RINDERKNECHT is not entitled to a patent containing claims 1-5 and 8-13 of US 4,855,238;                            
                              FURTHER ORDERED that a copy of this decision be given a paper number and                             
               be entered in the administrative records of Gray’s 4,855,238 patent and Alton’s 06/483,451 and                      
               08/462,022 applications; and                                                                                        



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