By Kevin E. Noonan — On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to substitute the interference Count, pursuant to the provisions of 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2). Broad’s Proposed Substitute Count takes the "McKelvey" format (comprising in the alternative a claim from one of each Party’s applications in interference); the proposed change is in the portion of the Count reciting Broad’s claims: Proposed Count No. 3 (numbered presumably…
