Interference 104,002
II. The Count
Count A is the sole count in the interference and reads as follows:
Count A:
(a) An isolated polynucleotide comprising a nucleotide sequence encoding a
polypeptide having the amino acid sequence of residues 1 to 65 of (Li) SEQ ID NO:2;
OR
(b) an isolated polynucleotide comprising a nucleotide sequence encoding a
polypeptide having the amino acid sequence of residues 25 to 93 of (Godiska) SEQ ID
NO:2;
OR
(c) the complement of (a) or (b).
The claims of the parties which correspond to Count A are:
Godiska: claims 1-12 and 17-20
Li: claims 21-52
Only Godiska filed a brief and was represented by counsel at final hearing.3
III. Issues
The only issue present for our decision is whether Godiska has established
priority of invention over Li.
3 Godiska’s brief (Paper No. 67) will be referred to as GB. The Godiska record
will be referred to as GR, followed by the appropriate page number. Similarly the
exhibits will be referred to as GX, followed by the page number.
3
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