Interference No. 103,613
consideration in this interference. In this regard, we note that submission of belated
documents in this manner is tantamount to filing "a reply to a reply," which is not
authorized by the rules of interference practice.
OPINION
With respect to the patentability issue, Cochran's involved claims in dispute are
reproduced below for convenient reference:
Claim 1
A recombinant herpesvirus of turkeys designated S-HVT-045 (ATCC Accession No. VR
2383).
Claim 4
A recombinant herpesvirus of turkeys designated HVT-012 (ATCC Accession No. VR
2382).
Claim 12
A recombinant Herpesvirus of Turkeys (HVT) comprising a foreign gene, said foreign
gene being inserted into the StuI site within the US2 gene of the HVT.
According to Cochran's specification, S-HVT-045 of claim 1 represents a species of
the recombinant HVT of claim 12 wherein the inserted foreign gene is specifically the gB
protein gene of MDV under the control of its endogenous MDV promoter. Additionally, HVT-
0121 of claim 4 represents a species of the
5 We presume HVT-012 refers to the same recombinant HVT which
is designated as "S-HVT-012" in the specification.
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007