Ex Parte HILLMAN - Page 2




             Interference No. 104,436 Paper 98                                                                                   
             Shyamala v. Hillman Page 2                                                                                          
      [21 Hillman identifies the protein as guanosine monophosphate reductase as shown in Hillman's SEQ                          
              ID. NO: 1. - : :                                                                                                   
      [3] Count 2 is the sole count (Paper 72):                                                                                  
                     A composition according to claim I of 5,756,332                                                             
                     - OR                                                                                                        
                     A composition according to claim I of 09/007,306.                                                           
      [4] Claim I of Hillman's 332 patent is:                                                                                    
                     An isolated and purified polynucleotide sequence encoding guanosine                                         
                     monophosphate reductase having the amino acid sequence of SEQ ID NO: I or an                                
                     amino acid sequence that is at least 95% homologous in sequence to the amino                                
                     acid sequence of SEQ ID NO: I and having guanosine monophosphate reductase                                  
                     activity.                                                                                                   
      [51 Claim I of Hillman's 306 application is:                                                                               
                     A substantially purified guanosine monophosphate reductase comprising the                                   
                     amino acid sequence of SEQ ID NO: I or enzymatically active fragments thereof.                              
      [6] Hillman's SEQ ID NO: I is reproduced in the appendix to this decision.                                                 
      [7] Shyarnala's claims 1-3, 4, 5, 6, 9, and 10 of its 08/886,572 application correspond to Count 2.                        
      [8] Hillman's claims 1, 2, and 4-9 of its 332 patent and claims I and I I of its 306 application                           
              correspond to Count 2                                                                                              
      191 Hillman has been accorded a benefit date of 26 December 1996 for its constructive reduction to                         
              practice of an embodiment within the scope of Count 2.                                                             
      [10] Shyamala, has been accorded a benefit date of I July 1997 for its constructive reduction to                           
              practice of an embodiment within the scope of Count 2.                                                             








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