IV. Conclusion
The evidence pointed out to us by the parties is sufficient to show that Dr. Alton formed a
definite and permanent idea of [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-(, including how it was
to be used in practice. We have been directed to no evidence establishing that Dr. Alton’s plan
for constructing [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( was insufficient to enable one of
ordinary skill in the art to make the invention without extensive experimentation. Thus, we
determine that, on the record before us, prima facie conception by Alton has been established.
Accordingly, it is appropriate to enter judgment against Gray.
V. Order
Upon consideration of the record of the interference and for reasons given, it is
ORDERED that the JOINT MOTION UNDER 37 C.F.R. § 1.635 FOR
DETERMINATION ON ALTON PRIORITY PROOFS (Paper 54) is GRANTED;
FURTHER ORDERED that, on the record before us, a prima facie showing of
conception by Alton has been made;
FURTHER ORDERED that judgment on priority is awarded against PATRICK
W. GRAY and ERNST H. RINDERKNECHT as to Count 2;
FURTHER ORDERED that PATRICK W. GRAY and ERNST H.
RINDERKNECHT is not entitled to a patent containing claims 1-5 and 8-13 of US 4,855,238;
FURTHER ORDERED that a copy of this decision be given a paper number and
be entered in the administrative records of Gray’s 4,855,238 patent and Alton’s 06/483,451 and
08/462,022 applications; and
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