Interference 103,781
at 1932. Claims 4-6 and 11 of U.S. Patent 5,500,365, which were
not at issue, are directed to modified chimeric genes, and plants
transformed by modified chimeric genes, comprising a structural
coding sequence modified to contain “at least one fewer sequence
selected from the group consisting of plant polyadenylation
sequences and an ATTTA sequence.” Columns 45-47 of Fischhoff
et al, U.S. Patent 5,500,365.
September 4, 2002 - An APJ entered a Decision and Order On
Preliminary and Miscellaneous Motions and Requests (Paper
No. 148):
denying Adang’s Preliminary Motion 1 (Paper No. 45) under
37 CFR § 1.633(c)(1) to redefine the interfering subject matter
by substituting its Proposed Count 2 for existing Count 1;
dismissing Adang’s Preliminary Motion 2 (Paper No. 46) under
37 CFR § 1.633(f) for benefit of the January 28, 1992, filing
date of U.S. Application 07/827,844, and the September 9, 1988,
filing date of U.S. Application 07/242,482, for its Proposed
Count 2;
denying Adang’s Contingent Preliminary Motion 3 (Paper
No. 47) under 37 CFR § 1.633(a) for judgment that Claims 3, 5,
and 39-43 of Fischhoff’s involved U.S. Application 08/434,105,
filed May 3, 1995, designated as corresponding to the
interference count, are unpatentable under 35 U.S.C. § 102(g)
-18-
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