the only issue that needs to be decided to resolve the interference is whether Alton has
established a prima facie conception prior to Gray’s alleged conception date. Our rules provide
for the Administrative Patent Judge (“APJ”) taking appropriate action where the parties have
agreed to simplify the issues in the interference. 37 CFR § 1.610(d). Moreover, the APJ may
determine a proper course of conduct in an interference where unusual circumstances arise.
37 CFR § 1.610(e). Given the circumstances before us and in the interest of securing a just,
speedy, and inexpensive determination of the interference (37 CFR § 1.601), we GRANT the
“JOINT MOTION UNDER 37 C.F.R. § 1.635 FOR DETERMINATION ON ALTON
PRIORITY PROOFS” (Paper 54) and enter final judgment against Gray.
Brief summary of the involved technology
The subject matter of the interference relates to the immunoregulatory hormone human
interferon gamma (IFN-(). IFN-( is said to be expressed in cells with a signal polypeptide of 20
amino acids followed by a polypeptide of 146 amino acids, the latter constituting the “mature”
hormone (Paper 34 at 4-5). For purposes of this decision, we understand IFN-( to refer to the
146 amino acid polypeptide that is the “mature” hormone. The first three amino acids of the 146
amino acid polypeptide are cysteine (“Cys”), tyrosine (“Tyr”), and Cys (Paper 34 at 5). Count 2
is directed to IFN-( where the first three amino acids of the 146 amino acid polypeptide are
deleted and replaced with methionine (“Met”). A shorthand way of describing the resulting
polypeptide is [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-(.
II. Findings of fact
The record supports the following findings of facts and any findings of facts set forth in
the discussion portion of this decision by at least a preponderance of the evidence.
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