Interference No. 103,906
against any other retroviruses. Thus, the scope of enablement is
not commensurate with the breadth of the claims.
For all of the foregoing reasons, all of Dionne’s involved
claims are deemed unpatentable. Accordingly, judgment is
rendered as follows:
Judgment
In view of our holding of unpatentability as to all of
Dionne’s claims corresponding to the two counts in issue,
judgment as to the subject matter of these counts is hereby
awarded to Liotta et al., the senior party.
Accordingly, on the record before us in this interference,
Liotta et al. are entitled to a patent containing their claims
26-27, 31-40, 43-44 and 47-48 which correspond to the counts.
18
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