Interference 104,066
§ 1.601(n).
Accordingly, Lee’s belated motion 1 is denied.
V.Judgment
In view of the foregoing, we find that Lee has not sustained its burden of showing
why judgment should not be entered against it.
Accordingly, judgment is hereby awarded to BERT VOGELSTEIN, SUZANNE
BAKER, ERIC R. FEARON, and JANICE M. NIGRO.
Judgment is entered against WEN-HWA LEE and PHANG-LANG CHEN.
BERT VOGELSTEIN, SUZANNE BAKER, ERIC R. FEARON, and JANICE M.
NIGRO are entitled to a patent containing claims 1-3 and 8-23, designated as
corresponding to the count; whereas,
separate patentable invention from each of Vogelstein’s claims designated as
corresponding to the count. Nevertheless, we point out that in his comparison of Lee’s
and Vogelstein’s claims, Dr. Harris states his belief only to the extent that “Lee’s claims
1-6 are not the same as or obvious in view of Vogelstein claims 1-3 and 8-10, in which
p53 is simply supplied to a cell.” Lee declaration exhibit 1, para. 44. Dr. Harris does
not extend his comments to Vogelstein’s claims 11-23.
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