Interference No. 104,544 Paper149
McDonald v. Miyazaki Page 6
has a specific activity at least 160,000 times greater than the
unpurified polypepticle in a human embryonic kidney cell
culture containing the unpurified polypepticle;
has a molecular weight, as determined by sodium dodecyl sulfate
polyacrylamide gel electrophoresis under reducing
conditions, of about 15,000 daltons as a monomer;
is stained by Coomassie blue;
has an isoelectric pH of about 4.47; and
has a specific activity of at least 21,000 units per milligram of said
polypepticle where a unit of specific activity is determined by
dividing one milligram by the weight of said polypeptide
required to increase the percent 3S incorporation into
platelets of mice by 50 percent above baseline in an
immunothrombocythernic assay.
[22] The 449 patent disclosure contains no sequence information for TSF.
[23] McDonald has not been accorded the benefit of its 449 patent.
[24] The 449 patent issued before the earliest claimed effective filing date for McDonald's
involved 666 patent.
Miyazaki's priorily case
[25] Miyazaki has rested its priority case on the 14 February 1994 filing date of its JP -76
39090 application, for which it has been accorded benefit as a constructive reduction to
practice within the scope of count 3 and the scope of count 5.
MCDONALUS PRIORITY CASE
As junior party seeking a determination of priority, McDonald must demonstrate
by a preponderance of the evidence reduction to practice before the senior party's
priority date, or prior conception coupled with reasonable diligence in reducing the
invention to practice from a time just before the senior party entered the field to the
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