Interference No. 103,613
The recombinant HVT is more particularly defined by the sole
count of this interference as follows:
Count 13
A recombinant Herpesvirus of Turkeys (HVT) comprising either:
(a) a heterologous nucleic acid sequence, said nucleic acid sequence being
introduced in an insertion region of the HVT genome which comprises the genomic region
from the end of ORF-1 through ORF-5 located within a DNA fragment of the HVT genome having
a restriction map defined by Fig. 1 of patent 5,187,087;
or,
(b) a foreign gene, said foreign gene being inserted into the StuI site within
the US2 gene of the HVT.
The claims of the parties which correspond to this count are:
Cochran et al.: Claims 1, 4, and 124
Sondermeijer et al.: Claims 1-19
3 It is undisputed that Cochran uses the term US2 gene to refer to the same HVT genomic
region which Sondermeijer refers to as ORF-4. In this regard, see the examiner's §
1.609(b) statement (page 3) which was forwarded along with her initial memorandum (form
PTO-850), and the involved Cochran application (Paper No. 24, pages 3-4) wherein Cochran
notes that "US2 gene" and "ORF-4" are merely two different names given to the same genomic
region of the HVT virus.
4 We note that Cochran filed an unauthorized amendment on November 24, 1998 during the
pendency of this interference in an attempt to cancel claim 12 (Cochran application: Paper
No. 36). Pursuant to 37 CFR § 1.615(a), the amendment has not and will not be entered.
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