Based on the record of the interference and the reasons set forth in the arbitrator's
decision on preliminary motions (Paper 3 1), it is appropriate to:
(1) substitute Count 2 for Count 1, and
(2) designate Wertz claims 1, 5, 6, and 10 and Rose claims 75-99 and 10 1 -132 as
corresponding to Count 2.
Based on the record of the interference and the reasons set forth in the arbitrator's
decision on priority (Paper 38), it is appropriate to enterjudgment on priority as to Count 2
against Wertz.
III. Order
Upon consideration of the record of the interference and for other reasons given, it is
ORDERED that the interference is redeclared to the following extent:
(1) The following count, Count 2, is substituted for Count 1:
A virus particle of claim 1, wherein the non-segmented RNA virus is
vesicular stomatitus virus (VSV). [Wertz claim 51
OR
A virus particle of claim 6, wherein the non-segmented RNA virus is
vesicular stomatitis virus. [Wertz claim 10]
OR
A modified recombinant replicable vesiculovirus, comprising
vesiculovirus N, P, and L proteins, and a replicable vesiculovirus genomic sense
RNA, in which said genomic sense (-) RNA, is modified by:
(a) the insertion of a foreign or heterologous RNA sequence
into a
nonessential portion of said replicable vesiculovirus
genomic sense (-) RNA; or
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Last modified: November 3, 2007