Interference No. 103,891
The analyte of interest is a molecule known as "Group A Strepto-
coccal carbohydrate." Therefore, in the record, the molecule is
called “Strep Group A,” “GAS-CHO" 5 or “GAS.” MX-1, ¶ 2.
Background
The interference was declared on June 5, 1997 with
Flanders as junior party. Both parties filed motions for judg-
ment against their opponent under 37 CFR § 1.633(a) alleging
unpatentability based on what is termed “Concept S.” Concept S
was a presentation made by Flanders' assignee’s marketing depart-
ment on July 6, 1989. Both motions were dismissed without
prejudice to being renewed. The motions were renewed by both
parties, and a decision on the renewed motions was deferred to
this final hearing.
Flanders also filed a motion under 37 CFR § 1.634 to
correct the inventorship of its involved application.
Both parties filed records. Flanders filed an opening
brief and a reply brief. Moorman filed an opening brief. Both
parties were represented by counsel at an oral hearing.
4(...continued)
Likewise, the Flanders record and exhibits are abbreviated FR and
FX-, respectively.
5 Group A Streptococcal Carbohydrate.
4
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