Interference No. 103,854
On February 8, 1999, Wallach filed a preliminary motion pursuant to 37 C.F.R.
§ 1.633(c)(4) to designate claims 3, 6, and 7 of U.S. Patent No. 5,478,925 as not
corresponding to the count.3 Paper No. 53. The motion stands unopposed.
The APJ denied the motion and ordered Wallach to show cause why judgment on the
record should not be entered against them in view of the fact that junior party Wallach failed
to file a preliminary statement. Paper Nos. 57 and 59.
In response to the order, Wallach filed a request for testimony (Paper No. 61) and a
request for final hearing (Paper No. 60). The APJ granted these requests. Paper No. 62.
Final Hearing was held on July 25, 2000.
The issues presented for decision are:
3 Wallach’s claims 1, 3, 6 and 7 read as follows:
1. A multimer having the ability to interfere with the binding of tumor necrosis
factor to its receptors and to block the effects of tumor necrosis factor, wherein said
multimer comprises two or more monomers, each said monomer consisting of a soluble
form of a tumor necrosis factor receptor or a salt thereof.
3. A multimer in accordance with claim 1 in trimeric form.
6. A multimer in accordance with claim 1, wherein said monomers include at
least one monomer having an amino acid sequence corresponding to that of tumor
necrosis factor binding protein-I and at least one monomer having an amino acid
sequence corresponding to that of tumor necrosis factor binding protein-II.
7. A multimer in accordance with claim 1 said multimer being encapsulated in a
liposome.
2
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