By Kevin E. Noonan — On December 3rd, Senior Party Sigma-Aldrich filed its Preliminary Motion No. 1 that asked the Board to deny the Broad Institute, Harvard University, and MIT (collectively, Broad) benefit of its U.S. Provisional Application No. 61/736,527, filed December 12, 2012 (termed "P1"), pursuant to 37 C.F.R. § 41.121(a)(1) and S.O. ¶¶ 121 and 208.4.2. On March 16th, Broad filed its Opposition, and on April 26th, Sigma-Aldrich filed its Reply. The basis for Sigma-Aldrich’s Motion was that Broad’s P1 application did not disclose a constructive reduction to practice of an embodiment within the scope of the Count…
