Priority benefit
12. Glaxo is accorded benefit for the purpose of priority of the filing dates of the
following applications (Paper 1 at 45-47):
a. 08/046,893, filed 15 April 1993,
b. 07/943,146, filed 10 September 19923, and
c. 07/777,730, filed 16 October 1991
13. Cabilly is accorded benefit for the purpose of priority of the filing dates of the
following applications (Paper 1 at 48):
a. 07/205,419 ("'419"), filed 10 June 1988 and issued as patent 6,331,415 on
18 December 20014, and
b. 06/483,457 ("'457"), filed 8 April 1983 and issued as patent 4,816,567
on 28 March 1989.
Glaxo preliminary statement
14. In its preliminary statement, Glaxo states that its conception of the invention of
Count 1 “was first introduced into the United States at least as early as June 25, 1989" and that
an actual reduction to practice in the United States of the invention of Count 1 “was first
introduced into the United States at least as early as September 10, 1990" (Paper 45 at 3).
15. Thus Glaxo does not allege a date of conception that is earlier than the 10 June
1988 filing date of Cabilly’s ‘419 priority benefit application for the subject matter of Count 1.
3 The Notice Declaring Interference (Paper 1) indicates a 10 October 1992 filing
date. However, USPTO records indicate a filing date of 10 September 1992
4 The patent issued after the interference was declared and thus is not listed in the
Notice Declaring Interference (Paper 1).
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