Beckmann et al v. Lyman - Page 2




                Interference No. 105,099                                                                         Paper 25                     
                Hannum v. Immunex Corp.                                                                             Page 2                    
        [2]     According to Immunex,2 flt3-ligand ("flt3-L")                                                                                 
                         refers to a genus of polypeptides that bind and complex independently                                                
                         with flt3 receptor found on progenitor and stem cells. The term "flt3-L"                                             
                         encompasses proteins having the amino acid sequence 1 to 231 of SEQ                                                  
                         ID NO:2 or the amino acid sequence 1 to 235 of SEQ ID NO:6, as well as                                               
                         those proteins having a high degree of similarity or a high degree of                                                
                         identity with the amino acid sequence 1 to 231 of SEQ ID NO:2 or the                                                 
                         amino acid sequence 1 to 235 of SEQ ID NO:6, and which proteins are                                                  
                         biologically active and bind the flt3 receptor. In addition, the term refers to                                      
                         biologically active gene products of the DNA of SEQ ID NO:1 or SEQ ID                                                
                         NO:5. Further encompassed by the term "flt3-L" are the membrane-bound                                                
                         proteins (which include an intracellular region, a membrane region, and an                                           
                         extracellular region), and soluble or truncated proteins which comprise                                              
                         primarily the extracellular portion of the protein, retain biological activity                                       
                         and are capable of being secreted. Specific examples of such soluble                                                 
                         proteins are those comprising the sequence of amino acids 28-163 of                                                  
                         SEQ ID NO:2 and amino acids 28-160 of SEQ ID NO:6.                                                                   
        [3]     Count 1, the sole count, is (Paper 13 at 4):                                                                                  
                                              A polypeptide of Immunex 806 claim 49.                                                          
        [4]     Immunex 806 claim 49 is [2003]:4                                                                                              
                         An isolated polypeptide that binds to flt3, wherein said polypeptide                                                 
                         comprises amino acids 28-163 of SEQ ID NO:2.                                                                         
        [5]     Immunex SEQ ID NO:2 is a 231-residue polypeptide [2001].                                                                      
        [6]     All of the claims of both parties correspond to the count (Paper 1 at 4):                                                     
                         Hannum 168 claims 54-74                                                                                              
                         Hannum 882 claims 28-30                                                                                              
                         Immunex 806 claims 49-58                                                                                             

                         2  3001 at ¶0026.                                                                                                    
                         3  Notice Declaring Interference.  Hannum has provided a copy of the declaration [2002].  The filing of              
                duplicate papers is discouraged (Paper 2, Standing Order, at § 12).                                                           
                         4  Hannum exhibits are numbered from 2001.                                                                           





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