Interference No. 105,136 Paper 62
Wang v. Imler Page 9
be entered against Imler's '007 application under 37 CFR § 1.662. Wang
indicated that it may be appropriate to enter judgment on priority against Imler's
'007 application and Wang.
The prior art
34. Imler '143 claims 66 and 67 are as follows:
66. An adenovirus which is defective for replication, and which is
derived from a natural adenovirus in that it lacks at least part of the E1A,
E1B, or both regions, and at least a part of the E4 region, so that it is
defective for the E1 and E4 functions and can be prepared by passage in
a cell line providing the E1 and E4 functions in trans, and which comprises
an exogenous nucleotide sequence.
67. A recombinant adenovirus comprising an adenovirus genome
having a foreign gene and a promoter for expressing said foreign gene,
wherein the function of an adenoviral E1 gene and an adenoviral E4 gene
are completely deleted by removing a part or all of said E1 gene and said
E4 gene.
35. In its preliminary motion 1 Wang relied upon the following references.
(a) Berkner, Biotechniques, 6:616-629 (1988) (Exh. 2011) ("Berkner I"),
(b) Berkner, Current Topics in Microbiology and Immunology, 158:39-66
(1992) (Exh. 2012) ("Berkner II"),
(c) Bridge et al., Journal of Virology 63:631-638 (1989) ( Exh. 2021)
("Bridge I"),
(d) Bridge et al., Virology 174:345-369 (1990) (Exh. 2026) ("Bridge II").
36. In its preliminary motion 1 Wang requests that, in addition to holding that the
'007 claims are unpatentable to Imler, we make a recommendation to the
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007