1) a functional RNA dependent RNA polymerase (L);
2) a vesiculovirus phosphoprotein (P);
3) a vesiculovirus nucleocapsid (N);
4) vesiculovirus protein selected from the group consisting of glycoprotein
(G) and matrix (M)
5) a Ynon-coding RNA sequence;
6) a Yto 5'RNA coding sequence, which encodes the vesiculovirus L, P, N,
and vesiculovirus protein required for assembly of budded infectious
particles and includes a heterologous gene (X), wherein said heterologous
gene (X) is inserted at an intergenic junction; and
7) a Ynon-coding RNA sequence, and wherein components I through 7 are
from the same type of VSV. [Rose claim 132, unamended]
7. Count 2 does not contain Wertz claim 11 which is part of Count 1.
8. Count I contains Rose claims 75 and 103, whereas Count 2 contains modified versions of
Rose claim 75 and 10V
9. The arbitrator's decision on preliminary motions indicates that only Wertz claims 1, 5, 6,
and 10 are appropriately designated as corresponding to Count 2.
10. Accordingly, the arbitrator did not decide whether Rose had shown that Wertz claim 11 is
unpatentable (Paper 31 at 2).
11. The arbitrator's decision on preliminary motions indicates that Rose claims 75-99 and
101-132 are appropriately designated as corresponding to Count 2.
The arbitrator's decision and Count 2 refer to "amended" claims 75 and 103.
However, it does not appear that Rose moved before the arbitrator to amend the claims under
37 CFR § 1.633(c). Therefore, we understand the arbitrator's use of the term "amended" to refer
to the Rose claims as they appear in the count and not as they appear in the Rose application.
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Last modified: November 3, 2007