Barton et al or Fischhoff et al v. Adang et al. - Page 15




          Interference 103,781                                                        

               January 18, 2000 - U.S. Patent 6,015,891 issued from Adang             
          et al., U.S. Application 08/705,438, filed August 29, 1996,                 
          subject to disclaimers of its term extending beyond the statutory           
          expiration dates of Adang et al., U.S. Patent 5,567,600, issued             
          October 22, 1996, and Adang et al., U.S. Patent 5,380,831, issued           
          January 10, 1995.                                                           
               January 18, 2000 - U.S. Patent 6,013,523 issued from Adang             
          et al., U.S. Application 08/704,966, filed August 29, 1996,                 
          subject to a disclaimer1 of its term extending beyond the                   


               1    But for the respective U.S. Patents identified in the             
          terminal disclaimers entered as Paper No. 23 in U.S. Patent                 
          6,015,891 and Paper No. 25 in U.S. Patent 6,013,523, both                   
          disclaimers read:                                                           
                    The owner of 100% interest in the instant                         
               application, Mycogen Plant Science, Inc., hereby                       
               disclaims, except as provided below, the terminal                      
               part of the statutory term of any patent granted on                    
               the instant application, which would extend beyond                     
               the expiration date of the full statutory term defined                 
               in 35 U.S.C. 154 to 156 and 173 for U.S. Patent No . . .               
               issued on . . . .                                                      
                    In making the above disclaimer, the owner does not                
               disclaim the terminal part of any patent granted on the                
               instant application that would extend to the expiration                
               date of the full statutory term as defined in 35 U.S.C.                
               154 to 156 and 173 of U.S. Patent No . . . in the event                
               that any of the . . . patents: expires for failure to pay              
               a maintenance fee, is held unenforceable, is found invalid             
               by a court of competent jurisdiction, is statutorily                   
               disclaimed in whole or terminally disclaimed under 37 CFR              
               1.321, has all claims cancelled by a reexamination                     
               certificate, is reissued, or is in any manner terminated               
               prior to the expiration of its full statutory term.                    
                                        -15-                                          





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