FOSTER et al. V. BANG et al. - Page 8




                                                                               Interference No. 104,733                  
                                                                                             Page No. 8                  
            (UW Preliminary Motion 1, Paper No. 17, p. 2, 14; Lilly Opposition 1, Paper No. 27, p.                       
            2, %4, admitting first sentence of UW fact 4.)                                                               


            F8. Comparing the sequence of UW Fig. 3, bp 127 to bp 1383, with the pertinent                               
            portions of the cDNA sequence of Lilly claim 1, two nucleoticle differences are revealed                     
            in the coding region:                                                                                        
                   1 UW Fig. 3, nucleoticle 423 (third position of codon 99) is thymine ("T"),                           
                          whereas Lilly's is guanine ("G").                                                              
                   2)ý UW Fig. 3, nucleotide 768, (third position of codon 214) is cytosine ("C"),                       
                          whereas Lilly's is thymine ("T").                                                              
            (Paper No. 17, p. 3, T6; Paper No. 27, p. 3, admitting UW facts 6-16.) Both Lilly and                        
            UW's cDNA sequences are said to encode for human protein C. (Paper No. 27,                                   
            additional facts %1[4, 6 and 7).                                                                             


            F9. The nucleotide variations between UW's Fig. 3 cDNA sequence and the                                      
            sequence of Lilly claim I may be a DNA polymorphism. A polymorphism is defined as                            
            one of two different but normal nucleotide sequences existing at a particular site in                        
            DNA. The polymorphism may exist in the same individual, e.g., a heterozygous                                 
            individual or among different individuals, and may encode the same or a different amino                      
            acid sequence. (Paper No. 17, pages 2-3, 57; Paper No. 27, p. 3, admitting UW facts                          
            6-16.)                                                                                                       


            F10. According to several of Lilly's named inventors the variations between Lilly's                          
            sequence and UW's "may represent a true genetic variant." (Paper No. 17, page 4, T8;                         






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