Interference No. 103,613
nucleic acid sequences derived from Infectious
Bronchitis Virus (IBV), Mare k's Disease Virus
MDV , Newcastle Disease Virus (NDV), Infectious Bursal Disease Virus (IBDV),
Chicken Aneamia Agent (CAA), Reo Virus, Avian Retro Virus, Fowl Adeno Virus,
Turkey Rhinotracheitis Virus, Eimeria species, Salmonella species,
Escherichia coli and Mycoplasma gallisepticum are contemplated for
incorporation into the insertion-region of the HVT genome. [page 8]
(underlying added for emphasis).
In view of the foregoing, the conclusion is inescapable that it would have
been prima facie obvious, within the ambit of 35 U.S.C. § 103, to insert a selected
foreign gene with an appropriate promoter at any convenient site within the US2 gene (ORF-
4) of HVT with the expectation of not disrupting essential viral functions of the
recombinant HVT as suggested by the Australian reference (excerpts I and II above). Of
course, excerpt III more specifically relates to the recombinant species of Cochran claim
4 (HVT-012); whereas excerpt IV relates to the species of
Cochran claim 1 (S-HVT-045). This conclusion is additionally supported by the
examiner's § 1.609(b) statement (page 3), which constitutes the basis of this
interference, to the effect that:
The common invention may be considered as an obvious species within the
scope of the genus set forth in patent claim 1, since ORF 4 (US2) is located
within the genomic region from the end of ORF-1 through ORF5, and the StuI
sitewithin ORF4 is an obvious convenient site for insertion. (underlying
added for emphasis)
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