Interference No. 103378
The subject matter at issue is defined by a single count, count 3,1 which
count includes, in alternative format, certain hydroxamic acid and N-hydroxyurea
compounds of formula I, a pharmaceutical composition containing an effective
amount of a compound of formula I in a carrier, and a method of inhibiting the
biosynthesis of leukotrienes by administrating to a mammal a therapeutical
effective amount of a compound of formula I. Count 3 is found in the APPENDIX
attached to this decision.
Brooks claims 1-11 and Hodgson claims 1-7, 11-17, and 21-34 and Ikeda
claims (as amended) 1-10, 13-19, 23, 24, 27, 28 and 32 correspond to count 3.
During the preliminary motion stage, Ikeda moved, inter alia, for benefit of
the November 27, 1990 filing date of their earlier filed Japanese application, JP
2-323814. The APJ granted the motion and Ikeda became senior party.
The parties exchanged proofs. Hodgson relied upon its November 23,
1990 priority date for their United Kingdom application, i.e., GB 9025514.2.
Hodgson, having conceded that party Ikeda has established diligence from a
date prior to November 23, 1990 to its priority date, November 27, 1990(IR18),
filed a paper indicating that they would not file a brief and would not contest the
award of priority as determined by the parties or the APJ in accord with the
1 The interference was redeclared on October 27, 1994 to add party Ikeda et al
and substitute count 2 for count 1, and redeclared again on July 7, 1995, pursuant to the
decision on motions to substitute count 3 for count 2.
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007