Interference No. 105,188
Short v. Punnonnen
MEMORANDUM IN SUPPORT OF RECOMMENDATION
Short requested rehearing (Paper No. 188) of Short
Preliminary Motion 10, on June 24, 2004 (Paper No. 60). The
motion was denied by Decision-Motion-Bd.R. 125(a) of the Board of
5 Patent Appeals and Interferences (Board), mailed November 25,
2005 (Paper No. 181). Short’s motion asked for judgment that
Claim 47 of Senior Party Punnonen’s Application 09/724,869, filed
2
November 28, 2000 (Punnonen Exhibit 1007 (Exh. 1007)), is
unpatentable under 35 U.S.C. § 103 in view of the combined
10 prior art teachings of Freeman PCT (WO 95/03408, published
February 2, 1995)(Exh. 2040) and Short PCT (WO 91/16427,
published October 31, 1991)(Exh. 2050). In discussing the
teachings of the Freeman and Short PCTs, Short’s motion set the
state of the art and level of skill in the art on February 11,
15 1998, by reference to the Freeman and Short PCTs and Peach, et
al. (Peach), “Both Extracellular Immunoglobin-like Domains of
CD80 Contain Residues Critical for Binding T Cell Surface
Receptors CTLA-4 and CD28,” J. Biol. Chem., Vol. 270, No. 36,
pp. 21181-21187 (1995)(Exh. 2051); Stemmer, Willem P. C.
2
Punnonen claims benefit of the February 10, 1999,
filing date of U.S. Application 09/248,716, and the February 11,
1998, filing date of U.S. Provisional Application 60/074,294,
under 35 U.S.C. § 120 for the full scope of the subject matter
defined by Claim 47.
-2-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007