Interference 103,579
Serial No.: 08/070,455, filed November 24, 1993
Accorded Benefit: International Application
PCT/SE91/00892, filed December 20, 1991
Count 1
A homologous construct of the potato plant comprising
a full length potato granule-bound starch synthase (PGBSS)
cDNA or genomic DNA.
The claims of the parties which were designated as
corresponding to Count 1 were:
Hofvander: Claims 1, 4, and 6-23
Visser: Claims 1, 4-8, 11, 13-20, and 23-27.
June 6, 1995 - Hofvander filed U.S. Application 08/470,720
(hereafter Hofvander’s patented application) as a continuation of
Hofvander’s involved application, filed November 24, 1993, first
filed December 20, 1991, as Hofvander’s PCT application.
September 5, 1996 - Visser moved under 37 CFR § 1.633(b)
for judgment that there is no interference in fact (Visser’s
Preliminary Motion 1 (Paper No. 17)) because none of Visser’s
claims designated as corresponding to Count 1 are directed to the
same patentable invention as any of Hofvander’s claims designated
as corresponding to Count 1 (Paper No. 17, p. 2, para. 2).
September 5, 1996 - Visser moved under 37 CFR § 1.633(a)
for judgment that Claims 1, 4, and 6 to 23 of Hofvander’s
involved application, filed November 24, 1993, designated as
corresponding to Count 1, are unpatentable under 35 U.S.C.
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