Interference 104,002
Before, PATE, ELLIS and LORIN, Administrative Patent Judges.
ELLIS, Administrative Patent Judge.
This interference involves a patent application of Godiska et al. (Godiska),
Application No. 08/464,594 (the ‘594 Application), assigned to Icos Corporation, and an
application of Li et al. (Li), Application No. 08/479,620 (the ‘620 Application), assigned
to Human Genome Sciences, Inc. and SmithKline Beecham Corporation. Li is senior
party by virtue of the June 5, 1995 filing date of the ‘620 Application.
I. Background
The subject matter at issue is directed to an isolated polynucleotide encoding a
polypeptide having a specific amino acid sequence. Both parties agree that the
polypeptide encodes a chemokine. Chemokines are said to be a family of small,
soluble proteins, 70-100 amino acids in length, which activate and attract leukocytes
(white blood cells) during an immune response. The chemokine described by the count
is 93 amino acids in length and is secreted by macrophages. Li has denominated the
polypeptide as human chemokine beta-13 (Ck$-13); whereas, Godiska refers to it as
macrophage-derived chemokine (MDC).
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