Interference 102,728 value because it had no other ‘substantial use’ than to obtain the claimed construct.[4]” Singh v. Brake, 222 F.3d 1362, 1370, 55 USPQ2d 1673, 1679 (Fed. Cir. 2000). 7. Accordingly, the Federal Circuit vacated and remanded (i) “to reconsider Singh’s ‘substantial use’ argument,” and (ii) “to reevaluate the totality of the corroborative evidence.” Singh v. Brake, 1362 F.3d at 1370, 55 USPQ2d at 1679. 8. The Federal Circuit also remanded “for a determination of those issues that were properly raised during the earlier proceedings.” Singh v. Brake, 222 F.3d at 1371, 55 USPQ2d at 1679. 9. The mandate from the Federal Circuit was received by the Board on September 14, 2000. Paper No. 170. 10. On September 19, 2000, an order was entered inviting the parties to file briefs addressing the issue of (i) whether Brake sustained its burden of proof in its preliminary motion to be accorded the benefit of its Application 06/457,325, filed January 12, 1983; and (ii) Singh’s priority. Paper No. 171. II. Background Alpha (") factor is a protein twelve to thirteen amino acids in length which is secreted by the yeast, Saccharomyces cerevisiae. Singh, Paper No. 28, Exhibit 15 to Singh, the 24-mer was employed to construct an invention within the scope of the count. Singh Brief, Paper No. 180, pp. 8-9. 4 We direct attention to the description of the count, infra. Claim 1 of Brake is the same as Count 1, the sole count in the interference. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007