Interference 103,781
are at issue . . . .” Claims 7-9 and 12 of Fischhoff’s U.S.
Patent 5,500,365 are drawn 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 a AACCAA and an AATTAA
sequence.” Monsanto Co. v. Mycogen Plant Science, Inc., 261 F.3d
at 1360-61, 59 USPQ2d at 1932. Claims 4-6 and 11 of the same
patent, 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.
January 8, 2002 - Adang appointed new counsel (Paper
No. 147).
September 4, 2002 - An APJ entered a Decision and Order On
Preliminary and Miscellaneous Motions and Requests (Paper
No. 148), which, inter alia:
denied 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
-167-
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