Interference No. 103,906
FINAL DECISION
This interference involves a patent of the junior party,
Dionne, and an application of the senior party, Liotta et al.
(Liotta). According to the record before us, the Dionne patent
is assigned to BioChem Pharma, Inc., and the Liotta application
is assigned to Emory University.
The subject matter in issue relates to a method for treating
a viral infection in a mammal by administration of an effective
dose of either one or a combination of enantiomers referred to by
the parties as (-)FTC and (+)FTC. This subject matter is more
particularly defined in the two counts which are the basis of
this interference. The counts are attached as an appendix to our
decision.
In a Decision on Preliminary Motions dated Oct. 5, 1998
(Paper No. 91), the Administrative Patent Judge (APJ) issued a
Show Cause Order against Dionne based on a conclusion that all of
Dionne’s involved claims 1-4 are unpatentable under 35 U.S.C.
§ 112 for lack of enablement, and under 35 U.S.C. § 101 for lack
of utility. These issues had been raised by Liotta in its
preliminary motion no. 1 for judgment (Paper No. 42). In
response to the show cause order, Dionne requested that a final
hearing be set to review the decision which served as the basis
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