Interference No. 102,572
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Before RONALD H. SMITH, DOWNEY and SCHAFER, Administrative Patent Judges.
DOWNEY, Administrative Patent Judge.
FINAL DECISION
The interference concerns a two step process for producing either an
immunoglobulin (Ig) molecule or an immunologically functional Ig fragment comprising at
least the variable domains of the Ig heavy and light chains in a single host cell.
The subject matter at issue is defined by a single count, which count is identical to
claim 1 of the Boss et al. patent. The count reads as follows:
Count 1
A process for producing an Ig molecule or an immunologically functional Ig
fragment comprising at least the variable domains of the Ig heavy and light
chains, in a single host cell, comprising the steps of:
(i) transforming said single host cell with a first DNA sequence encoding at
least the variable domain of the Ig heavy chain and a second DNA sequence
encoding at least the variable domain of the Ig light chain, and
(ii) independently expressing said first DNA sequence and said second
DNA sequence so that said Ig heavy and light chains are produced as
separate molecules in said transformed single host cell.
Boss et al. claims 1-18 and Cabilly et al. claims 101-120 correspond to the count.
During the preliminary motion stage of this proceeding, the administrative patent
3APJ Schafer has been substituted for APJ Pellman who has retired. In re Bose,
772 F.2d 866, 868-869, 227 USPQ 1, 2-4 (Fed. Cir. 1985).
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