1 applications. Bd. R. 206. In response to the Order to Show Cause, VectoGen has filed a request
2 for adverse judgment against Junior Party Reddy as to Counts 1 and 2, the only counts in
3 interference. (Reddy Request for Adverse Judgment, Paper No. 54).
4 During the course of this interference, Reddy filed three substantive motions. Reddy
5 Motion 1 moves to attack Johnson’s accorded priority benefit date. (Paper No. 29). Reddy
6 Motion 2 alleges that all of Johnson’s involved claims are unpatentable under 35 U.S.C. § 112,
7 first paragraph for failing to provide a sufficient written description and/or failing to enable a
8 person skilled in the art to make and use the claimed subject matter. (Paper No. 30). Reddy
9 Motion 3 alleges that Johnson’s involved claims are unpatentable under 35 U.S.C. § 112, second
10 paragraph as the claims are indefinite. Additionally, in response to Reddy Motions 2 and 3,
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11 Johnson filed a responsive motion, Johnson Motion 2, which requests that Johnson’s claims be
12 amended in response to Reddy Motions 2 and 3. (Paper No. 55).
13 Counsel for VectoGen, i.e., representing both Reddy and Johnson, specifically requests
14 that Reddy’s three motions and Johnson’s Motion 2 be withdrawn from consideration. No
15 Johnson oppositions to the three Reddy motions have been received by the Board. Similarly, no
16 opposition to Johnson’s responsive motion has been received by the Board. Thus, the issues
17 raised in Reddy and Johnson’s pending motions are not fully developed.
18 Reddy Motion 1, which attacks Johnson’s accorded benefit date, is dismissed as moot in
19 light of Reddy’s request that adverse judgment be entered against Reddy. Further, based upon
20 the facts presented in this interference, including the fact that Johnson’s involved claims are
While the motion is titled Johnson Responsive Motion 1, this is the second Johnson motion filed in the interference. Per1
the Standing Order (Paper No. 2), ¶ 121.1, each motion of a party is to be numbered consecutively. Thus, Johnson’s
responsive motion is referred to as “Johnson Motion 2.”
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Last modified: November 3, 2007