Cabilly claim 56 does not require the treatment of a subject that is a human or that the antibodies
used for treatment be glycosylated (FFs 28, 29).
37 CFR § 1.637(c)(1)(I)-(vii) states that:
(c) A preliminary motion under § 1.633(c) shall explain why the
interfering subject matter should be redefined.
(1) A preliminary motion seeking to add or substitute a count shall:
(i) Propose each count to be added or substituted.
(ii) When the moving party is an applicant, show the patentability to the
applicant of all claims in, or proposed to be added to, the party's application
which correspond to each proposed count and apply the terms of the claims to the
disclosure of the party's application; when necessary a moving party applicant
shall file with the motion an amendment adding any proposed claim to the
application.
(iii) Identify all claims in an opponent's application which should be
designated to correspond to each proposed count; if an opponent's application
does not contain such a claim, the moving party shall propose a claim to be added
to the opponent's application. The moving party shall show the patentability of
any proposed claims to the opponent and apply the terms of the claims to the
disclosure of the opponent's application.
(iv) Designate the claims of any patent involved in the interference which
define the same patentable invention as each proposed count.
(v) Show that each proposed count defines a separate patentable invention
from every other count proposed to remain in the interference.
(vi) Be accompanied by a motion under § 1.633(f) requesting the benefit
of the filing date of any earlier filed application, if benefit of the earlier filed
application is desired with respect to a proposed count.
(vii) If an opponent is accorded the benefit of the filing date of an earlier
filed application in the notice of declaration of the interference, show why the
opponent is not entitled to benefit of the earlier filed application with respect to
the proposed count. Otherwise, the opponent will be presumed to be entitled to
the benefit of the earlier filed application with respect to the proposed count.
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Last modified: November 3, 2007