Interference No. 104,544 Paper149
McDonald v. Miyazaki Page 8
learned that MAIDS (mouse-AIDS) virus produces a mild
thrombocytopenia in infected mice.
[29] We note that in his testimony on inequitable conduct, Dr. McDonald testified that at the
time of his conception he did not know the full amino acid sequence of TSF
[1055 at 71:4-6].
[30] According to Ms. Clift (Paper 147 at 26, ý23):
On or about January 8, 1992, the day we returned to work following
winter break at the University of Tennessee, Dr. Ted McDonald informed
Ms. Cottrell and me that we were going to be doing laboratory studies
such as described above and that the purpose of such studies would be
to establish that TSF can be used to treat thrombocytopenia that occurs in
an animal model of a human disease.
[31] According to Ms. Cottrell (Paper 147 at 35, T23):
On or about January 8, 1992, the day we returned to work following
winter break at the University of Tennessee, Dr. Ted McDonald informed
Ms. Clift and me that we were going to be doing laboratory studies such
as described above and that the purpose of such studies would be to
establish that TSF can be used to treat thrombocytopenia that occurs in
an animal model of a human disease.
[32] In the case of both Ms. Cottrell's testimony and Ms. Clift's testimony, the "laboratory
studies as described above" involve testing TSF. No sequence information is provided
for the TSF that was used.
[33] Miyazaki denies (Paper 145 at 11) McDonald Fact 12 as wholly unsupported by factual
evidence. Specifically Miyazaki contends:
McDonald Affidavit 4 of Ted P. McDonald, cited as record reference 12(a),
describes nothing but TSF and does not establish conception of use of
any fragment of TPO. McDonald Affidavit of Rose Clif [t], cited as record
reference 12(b), describes nothing but experimental work with TSF.
McDonald Affidavit of Marilyn Cottrell, cited as record reference 12(c),
describes nothing but experimental work with TSF.
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