Interference No. 105,136 Paper 62
Wang v. Imler Page 12
347).
47. According to Bridge II, at least one of the mutants, i.e., H5dl1016, is defective for
DNA replication. (2026 at 349 (Table 2) and 352).
48. According to Bridge II, it appears that the "joint disruption [in H5d/1016] of the
116R and 496R proteins [i.e., the products of E4 open reading frame 3 (E4
ORF3) and of E1b, respectively] is important in conferring the defect in DNA
replication". (Exh. 2026 at 352).
49. Bridge II reports that the H5dl1016 mutant was propagated using the 293 cell
line. (Exh. 2026 at 347).
50. Bridge II reports that other mutants were propagated using "the E4
complementing cell line W162". (Exh. 2026 at 347).
IV. Discussion
We have before us a situation where junior party has failed to file its case-in-
chief on priority. Ordinarily it may be appropriate to enter judgment against junior party
forthwith. However, because a somewhat unusual schedule was established in the
interference, we have before us an undecided preliminary motion for judgment against
senior party's corresponding '007 claims as well as an amendment from senior party
cancelling the corresponding '007 claims.
Patentability
a. The '143 claims
Wang was given a full opportunity to attack the patentability of the '143 claims
12
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007