Interference No. 104,544 Paper149
McDonald v. Miyazaki Page 4
consisting of polypeptides comprising the amino acid sequence 2 to 332,
3 to 332, 4 to 332, 5 to 332, and 6 to 332 of SEQ ID NO:6
[10] McDonald has been accorded the benefit of its 16 August 1994 effective filing date as
its earliest constructive reduction to practice for the invention of count 3.
[11] Miyazaki has been accorded the benefit of its 14 February 1994 effective filing date as
its earliest constructive reduction to practice for the invention of count 3.
[121 The following claims have been designated as corresponding to count 3:
1 Total claims Count 3
McDonald: 1-27 4 1-22 & 24-27
Miyazaki 083:18-37 None
811: 43-67 None
039: 53, 55, 57-60 & 71-79 153, 55, 57-60, 71-79
[131 Count 5 is:
The method of McDonald claim 23 or Miyazaki 811 claim 49 or the
polypeptide of Miyazaki 083 claim18.
[14] McDonald claim 23 is:
23. The method of claim 22 wherein the active fragment is the N
terminal fragment.
[15] Miyazaki 811 claim 49 is:
49. A method for increasing platelet production comprising
administering to a patient a pharmaceutical composition in an amount
effective to increase platelet production; said pharmaceutical composition
comprising a polypeptide having the biological activity of specifically
stimulating and increasing platelet production and a pharmaceutically
acceptable carrier, said polypeptide consisting of a continuous amino
terminal fragment of the sequence set out in SEQ ID NO:12 commencing
4 McDonald's claims 9-12,18, 20, 21, and 25-27 have been held to be unpatentable (Paper No. 95).
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