Interference No. 103,203
FINAL DECISION AND DECISION ON MOTIONS
This is an interference between Nemerson et al., Edgington et al. and Lawn et al.
Lawn et al. are senior party by virtue of U.S. Application 07/013,743, filed February 12,
1987.
Background
The subject matter at issue is directed to a DNA sequence encoding mature human
tissue factor. The mature human tissue factor protein is 263 amino acids in length and is
said to play an important role in blood coagulation. Nemerson Brief, p. 1.
All the parties took testimony, filed briefs and were represented by counsel at Final
Hearing.
None of the parties raised the issue of no interference-in-fact.
The main briefs of the parties present the following issues for our decision:
(1) Whether Edgington et al. have established priority of invention over Nemerson
et al. and Lawn et al.
(2) Whether Nemerson et al. have established a date of invention prior to February
12, 1987.
(3) Whether the Lawn et al. application(s) constitute a constructive reduction to
practice of an invention within the scope of the count.
In addition, the following motions which were denied, dismissed or deferred to final
hearing, are raised in the briefs:
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