IV. ORDER
Upon consideration of the record of the interference and for reasons given, it is
1. Redeclaration:
ORDERED that the interference is redeclared only to the extent that the Count 2,
set out below and which is identical to Glaxo proposed Count 2, is substituted for Count 1:
Count 2
The invention of claim 1 of U.S. Patent 5,545,403; Claim 1 of U.S. Patent 5,545,404;
Claim 1 of U.S. Patent 5,545,405; Claim 53 of Cabilly Application No., 08/909,611; or Claim 55
of Cabilly Application No. 08/909,611;
2. Glaxo preliminary and other motions:
FURTHER ORDERED that:
Glaxo preliminary motion 5 is GRANTED-IN-PART , DENIED-IN-PART, and
DISMISSED-IN-PART;
Glaxo preliminary motions 3, 10 and 11 are DENIED;
Glaxo preliminary motions 1, 2, 4, 6-9, and 14 are DISMISSED as moot;
Glaxo preliminary motions 12 and 13 are DISMISSED as improper;
Glaxo miscellaneous motions 5, 8, and 10-12 are DISMISSED as moot;
3. Cabilly preliminary and other motions:
FURTHER ORDERED that Cabilly preliminary motions 1-9 and the Cabilly
motions to suppress are DISMISSED as moot;
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