By Kevin E. Noonan — On December 3rd, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names the Broad Institute, Harvard University, and MIT (collectively, Broad) as Junior Party), asking the Patent Trial and Appeal Board to deny 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. The basis for Sigma-Aldrich’s motion is that this application does not disclose a constructive reduction to practice of an embodiment within the scope of Count 1 of the…
