Interference No. 103,613
FINAL DECISION Under 37 CFR § 1.658(a)1
This interference involves an application of the junior party, Cochran et al.
(Cochran), and a patent of the senior party, Sondermeijer et al. (Sondermeijer).
According to the record before us, the involved Cochran application is assigned to
Syntro Corporation which is a wholly owned subsidiary of Mallinckrodt Veterinary, Inc.,
which in turn is a wholly owned subsidiary of Mallinckrodt, Inc. (Paper No. 7). According
to the Cochran Brief, page i (CB-i), the assets of Mallinckrodt Veterinary, Inc. have been
acquired by affiliates of Schering-Plough Corporation. Further, the involved Sondermeijer
patent is assigned to Akzo Nobel, N.V. (Paper No. 6).
The subject matter involved in this interference relates to a recombinant
Herpesvirus of Turkeys (HVT) which includes a heterologous nucleic acid sequence, i.e., a
foreign gene, introduced in an insertion region of the HVT genome. According to the
specifications of Cochran and Sondermeijer, the subject recombinant virus may be used to
prepare a vaccine against certain infectious diseases of poultry such as Marek's disease
(MD) which is caused by Marek's disease virus (MDV).
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