Interference Nos. 103,882, 103,933, and 104,228 Consolidated Judgment
Gregory v. Tsui et al. Page 2
Before SCHAFER, TORCZON, and SPIEGEL, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
JUDGMENT
(PURSUANT TO 37 C.F.R. § 1.658)
INTRODUCTION
These interferences are decided on the basis of motions attacking accorded benefit as
provided in each interference in an interlocutory order dated 6 July 2001. No party challenged
that order at the final hearing. A final hearing on motions was held on 4 December 2001. Bruce
Collins argued for Gregory. Debra Shetka argued for Tsui.1 The other parties did not present
arguments apart from those made by Ms. Shetka.
The interferences all relate to the cystic fibrosis transmembrane receptor (CFTR), a
protein that, when defective, is a cause of cystic fibrosis in humans.
FACTS
1. For each of its involved applications, the earliest benefit accorded to Tsui is its
07/401,609 (609) application, filed 31 August 1989 (abandoned).
2. Collins' involved patent also claims, and was accorded, the benefit of the Tsui 609
application for the purposes of interference priority.
3. Riordan's involved patent also claims, and was accorded, the benefit of the Tsui
609 application for the purposes of interference priority.
4. For each of its involved applicants, the earliest benefit accorded to Gregory is its
07/488,307 (307) application, filed 5 March 1990 (abandoned).
1 Pronounced "Choi".
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