Appeal No. 2001-0869 Page 12
Application No. 08/453,347
humans comprising administering an effective amount of a purified human
JE/MCP-1 protein.” See Paper No. 1 in the ‘998 interference, mailed October 9,
1997.
Claims 1, 2, 5, and 6 of Appellants’ ‘078 patent were designated as
corresponding to the count. See id. Those claims read as follows:
1. A method of suppressing tumor formation in a mammal
comprising administering to said mammal a therapeutically affective
[sic] amount of JE/Monocyte Chemoattractant Protein-1 (JE/MCP-1).
2. A method of increasing a monocyte mediated tumoricidal activity
in a mammal comprising administering to said mammal an effective
amount of JE/Monocyte Chemoattractant Protein-1.
5. A method of suppressing tumor formation in a mammal
comprising administering to said mammal tumor killing cells which
express JE/Monocyte Chemoattractant Protein-1.
6. A method of claim 5, wherein the tumor killing cells are tumor
infiltrating lymphocytes.
Appellants did not move to have any of these claims designated as not
corresponding to the count. The interference was terminated after Appellants
“concede[d] priority of invention for the count of the . . . interference to Senior
Party Yoshimura et al.” Paper No. 25, filed Sept. 18, 1998. This concession was
“treated as a request for entry of an adverse judgment as to all claims which
correspond to the count,” Paper No. 27, mailed Nov. 24, 1998, and Appellants
were adjudged “not entitled to a patent containing claims 1, 2, 5 and 6
corresponding to the count.” Id.
Instant claims 1 and 2 read as follows:
1. A method of suppressing tumor formation in a mammal
comprising administering to said mammal tumor killing cells which
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