Sigma-Aldrich Files Substantive Preliminary Motion No. 2 to Remove Broad Application from Interference

By Kevin E. Noonan — On December 3rd, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 2 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 remove Broad’s U.S. Application No. 15/330,876 from the interference, pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(2). The basis for Sigma-Aldrich’s motion is that: None of the claims in the ‘876 application recite further that the composition subsequently integrates a donor DNA sequence into the target DNA molecule, nor do they recite further that the composition…