Barton et al or Fischhoff et al v. Adang et al. - Page 42




          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,           

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