Interference 103,781 not have rendered either Claims 13-14 of Adang’s involved patent or Claims 41-43 of Fischhoff’s involved application obvious to persons having ordinary skill in the art. While Monsanto’s employees appear to have generated plant codon usage tables in 1984 from previously published information and those tables were available for use by Monsanto’s employees at the critical time, the uncontradicted evidence of record indicates that codon usage tables were generated for internal distribution to Monsanto’s employees, i.e., Monsanto’s codon usage tables also are not prior art with respect to the species Fischhoff and Adang claim (MDX 1457). However, Rule 601(n) instructs that the pertinent “prior art” for interference analysis includes not only Claims 1-12 of Adang’s U.S. Patent 5,380,831, issued January 10, 1995; but also, inter alia, Claims 3, 5, and 39-40 of Fischhoff’s U.S. Application 08/434,105, filed May 3, 1995; and Claims 1-4, 7, and 15-22 of Barton’s U.S. Application 07/827,906, filed January 30, 1992. Shaw et al. (hereafter Shaw), “A Conserved AU Sequence from the 3' Untranslated Region of GM-CSF mRNA Mediates Selective mRNA Degradation,” Cell, Vol. 46, pp. 659-667 (August 29, 1986); and Wickens et al. (hereafter Wickens), “Role of the Conserved AAUAAA Sequence: Four AAUAAA Point Mutants Prevent Messenger RNA 3' End Formation,” Science, Vol. 226, pp. 1045-1051 (November 30, -42-Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NextLast modified: November 3, 2007