Preliminary statements
11. According to the Alton preliminary statement, as to Count 2, the invention was
first conceived by Alton “at least as early as October 4, 1982" (Paper 49 at 2).
12. According to the Gray preliminary statement, as to Count 2, the invention was
first conceived by Gray “on or about February 25, 1983" (Paper 52 at 2).
The Alton testimony
13. The affidavit testimony of inventor Dr. Norman K. Alton (Exh. 1)3 has been
submitted as evidence of Alton’s conception.
14. According to the parties, the affidavit was submitted in a conflict proceeding in
Canada concerning a Canadian counterpart patent application of the involved
Alton applications (Paper 54 at 2).
15. The parties have agreed that Dr. Alton would testify as he did in the submitted
affidavit (Exh.1)4 if called to do so in this interference proceeding. 37 CFR
§ 1.672(h).
16. Dr. Alton’s testimony indicates that:
(a) The complete coding sequence of human IFN-(, which had been
shown to have anti-viral, anti-tumor, and anti-proliferative activities , was
3 The parties have submitted several exhibits with the joint motion (Paper 54). The
exhibit numbering is not in compliance with the Standing Order (Paper 2 at § 39) and is
confusing (e.g., there is more than one “exhibit 1"). We understand that part of the difficulty is
that the affidavit exhibits presented by the parties were not prepared in preparation for this
interference.
4 The parties have submitted more than one exhibit that is labeled as “Exhibit 1".
Whenever we refer to exhibit 1, we are referring to Dr. Alton’s affidavit.
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