STICE et al v. CAMPBELL et al - Page 2



          Interference 104,746                                    Paper 123           
          Stice v. Campbell                                                           
               I.   Introduction                                                      
               This interference relates to methods for cloning certain               
          large farm animals, namely cattle, sheep, and pigs, by                      
          transferring the nucleus of a differentiated cell (a fibroblast)            
          into a prepared oocyte at a specified stage of development.  A              
          merits panel held that junior party Stice was not entitled to a             
          patent on any of its involved claims, which were claims 1–24 of             
          its U.S. patent No. 5,945,577.  (Paper 80 at 37–40.)  The                   
          interference was redeclared with three counts, Counts 4                     
          through 6, based solely on certain surviving claims of senior               
          party Campbell.  (Paper 81 at 3.)                                           
               An oral hearing on priority was held in the presence of a              
          court reporter on 15 November 2005.  (See Paper 120, transcript             
          of oral argument.)  Ronald A. Daignault, Esq., argued for Stice.            
          Kenneth J. Meyers, Esq., accompanied by David J. Earp, Esq.,                
          argued for Campbell.                                                        
               II. Findings of fact                                                   
               The record supports the following findings of fact as well             
          as any other findings of fact set forth in any other portion of             
          the decision by at least a preponderance of the evidence.                   



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