Interference No. 103,203
each of the parties is accorded the benefit of their earliest-filed applications.
(2) Lawn et al.’s Preliminary Motion 2 (Paper No. 172) for benefit is GRANTED for
the reasons set forth therein. See the redeclaration of the interference, infra. In order to
show benefit of an earlier application, the movant must show that the earlier-filed
applications satisfy the requirements of 35 U.S.C. § 112, first paragraph, for at least one
species within the scope of the count. Weil v. Fritz, 572 F.2d 856, 865 n.16, 196 USPQ
600, 608 n.16 (CCPA 1978). We are satisfied that Lawn et al. have sustained their
burden of proof in view of their disclosure of a DNA segment comprising a nucleotide
6
sequence coding for amino acids 1 to 263 of the mature tissue factor protein. See
Application 07/013,743, filed February 12, 1986, Figure 2a.
In their Opposition, Edgington et al. argue that there are three (3) versions of the text
of the Lawn et al. applications and because Version 3 (Lawn et al. Application 07/620,431,
filed November 30, 1990) differs in length (i.e., the number of pages), and in the
determination of the biological activity of the tissue factor protein, from Version 1
(Application 07/013,743, filed February 12, 1987) and Version 2 ( which includes, inter
alia, Application 08/437,989, filed May 10, 1995, which is involved in the interference),
As background, we point out that most secretory proteins are synthesized with a sequence of6
approximately 16 to 30 amino acids at the N-terminus known as the signal sequence (a.k.a. the leader
peptide). The signal sequence directs a newly synthesized protein to the endoplasmic reticulum (ER)
membrane and initiates the transfer of the protein across said membrane. The signal sequence is usually
cleaved in the lumen of the ER. Darnell et al., Molecular Cell Biology, 2nd Edition, Scientific American
Books, NY (1990), pp. 646-60. The cleavage of the signal sequence from human tissue factor results in
the production of the mature human tissue factor protein. Nemerson Brief, p. 4. Figure 1 of Edgington et
al.’s U.S. Patent 5,110,730 shows the amino acid sequence of the mature human tissue factor protein as
being represented by amino acids 1 to 263. Therefore, throughout this decision, when we refer to amino
acids 1 to 263 of mature tissue factor, we are referring to the amino acids set forth in Figure 1 of U.S.
Patent 5,110,730.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007