Interference No. 104,544 Paper'149
McDonald v. Miyazaki Page 5
at residue number 1, said fragment being 151 or more residues in length
and 232 or fewer residues in length.
[16] Miyazaki 083 claim 18 is:
18. A polypeptide having the biological activity of specifically
stimulating and increasing platelet production, said polypeptide consisting
of a continuous amino terminal fragment of the sequence set out in SEQ
ID NO: 12 commencing at residue number 1, and lacking at least carboxy
terminal residues thereof beyond residue 232.
[17] 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 5.
[181 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 5.
[191 The following claims have been designated as corresponding to count 5:
1 Total claims Count 5
McDonald: 1-271 9-12, 18, 20-23 & 25-27
Miyazaki 083:18-37 18-37
811: 43-67 43-67
L- 039: 53, 55, 57-60 & 71-79 ý 53, 55, 57-60 & 71-73
Relationship of McDonald's 449 and 666 patent
[20] McDonald's 5,128,449 [449] patent issued 7 July 1992 from an application filed 5 July
1988[2002].
[21] The 449 patent discloses a thrombocytopoiesis-stimulating factor [TSF] summarized as
follows in 449 claim 1, the sole 449 claim:
A purified polypeptide useful in stimulating thrombocytopoiesis
wherein said polypeptide:
5 McDonald's claims 9-12,18, 20, 21, and 25-27 have been held to be unpatentable (Paper No. 95).
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