The interference
1. The interference was declared on 2 November 2001 between junior party
Gray, et al., (“Gray”)2 and senior party Alton, et al. (“Alton”).
2. Gray is involved in the interference on the basis of its 4,855,238 (“‘238")
patent, issued on 8 August 1989 from application 06/584,217, filed
27 February 1984.
3. Alton is involved in the interference on the basis of the following two
applications:
08/462,022, filed 5 June 1995, and
06/483,451, filed 15 April 1983.
Benefit
4. The earliest priority benefit accorded to Gray for the subject matter of
Count 2 is the 16 December 1983 filing date of application 06/562,009 (Paper 1
at 5).
5. The earliest priority benefit accorded to Alton for the subject matter of
Count 2 is the 15 April 1983 filing date of the ‘451 application (Paper 1 at 3).
Count 2
6. Count 2 is as follows (Paper 48 at 2):
A composition according to claim 70 of Alton 06/483,451 or claim 64 of
Alton 08/462,022
or
2 Prior to the decision on preliminary motions (Paper 47), the junior party was
referred to as Genentech, Inc.
4
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