YAMADA et al v. AGGARWAL - Page 2




          Interference No. 103,605                                                    


                         FINAL DECISION UNDER 37 CFR § 1.658                          
               This interference involves an application of the junior                
          party, Aggarwal, and a patent of the senior party, Yamada et al.            
          (Yamada)3.                                                                  
               According to the record before us, the involved Aggarwal               
          application is assigned to Genentech, Inc.; and the involved                
          Yamada patent is assigned to Dainippon Pharmaceutical Co., Ltd.             
               The subject matter involved in this interference relates to            
          a polypeptide having human tumor necrosis factor activity, and              
          which is more particularly defined by the following count, the              
          only count in this interference:                                            
          Count 1                                                                     
               1.  A polypeptide having human tumor necrosis factor                   
          activity and being selected from the group consisting of                    
               (a) the polypeptide having the amino acid sequence of the              
          following formula, and                                                      
               (b) a polypeptide having an amino acid sequence resulting              
          from the addition of one or two amino acid residues from the                
          precursor portion of said polypeptide (a) to the N-terminus of              
          the following formula:                                                      






          3  We note that Yamada was accorded senior party status in the              
          Decision on Motions (Paper No. 43, page 6) of Oct. 21, 1998.                
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