Interference No. 103,675
her decision granting the parties' joint motion to substitute Count
4 for Count 1, which was deleted (see Paper Number 193). Finally,
on February 1, 2000, the APJ redeclared the interference to reflect
her decision removing Hester et al. from the proceeding and
declaring two separate interferences denominated as Chen et al. v.
Hester et al. (Interference 104,490) and Hester et al. v. Bouchard
et al. (Interference Number 104,491). In her order redeclaring
Interference Number 103,675 as a two-party proceeding in which Chen
et al. were the junior party, the APJ set forth a copy of the three
counts in the interference as Counts 2, 3A and 4 (see Paper Number
229).
As noted above, the specific interfering subject matter
contested by the parties in this proceeding is defined by three
counts in this interference: Count 2; Count 3A and Count 4. A copy
of the counts is reproduced below for a more facile understanding
of the contested subject matter in this interference.
COUNT 2
4"-10$-diacetoxy-2"-benzoyloxy-5$,20-epoxy-1$-hydroxy-7$,8$-
methylene-9-oxo-19-nor-11-t axen-13 " -yl(2R,3S)-3-tert-
butoxycarbonylamino-2-hydroxy-3-phenylpropionate
COUNT 3A
A taxoid of the formula:
3
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