Patent Interference No. 103,925 Page 2
Aviv et al., the senior party, has filed a “Concession Of Priority [&] Request For
Judgment By The Party Aviv”. In it (Paper No. 73, p. 2) Aviv et al. states that it
“concedes priority to the Party Miller et al and requests judgment be entered in this
interference in favor of Party Miller et al and against the Party Aviv et al.” A “concession
of priority … will be treated as a request for entry of an adverse judgment against the
applicant or patentee as to all claims which correspond to the count,” 37 CFR §
1.662(a).
Parties will recall that sole Count 1 defines the interfering subject matter, 37 CFR
§ 1.601(f):
COUNT 1
A method of producing bovine growth hormone comprising the amino acid
sequence encoded by the coding sequence from nucleotide 87 to nucleotide 659
depicted in Figure 13 comprising extracting RNA from bovine pituitaries, transcribing
the RNA so extracted into DNA, splicing the resulting DNA into a microorganism,
selecting and isolating microorganism colonies which produce bovine growth
hormone and extracting the bovine growth hormone.
The parties' claims which are designated to correspond to Count 1 are (see Paper No.
1):4
§ Miller '745 application: claims 31-32, 34-35, 37-38, 40-41 and 57.
§ Aviv '519 application: claim 13.
3 I.e., of Aviv interfering application '519; Figure 1 is reproduced in Appendix 1 (the amino acid sequence
referred to in the count is indicated in bold).
4 See Appendix 2.
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