STICE et al. V. STICE et al. V. STRELCHENKO et al. V. HENSEN et al. - Page 21





                mature cells making up all the parts of the adult animal. Thus, skin cells, blood cells, organ cells are                                  
                differentiated cells.                                                                                                                     
                         In its ordinary meaning, totipotency refers to cells which are unrestricted in their                                             
                developmental capability. Such cells have the ability through cell division and multiplication to                                         
                differentiate into any and all parts of the adult animal. In normal animal development, totipotent                                        
                cells exist only in the early development stages of an organism - principally in the zygotic and early                                    
                embryonic phases. Differentiated cells are no longer totipotent in that subsequent generations of                                         
                cells are not unrestricted in their developmental capacity. Once a differentiated cell forms,                                             
                subsequent generations will also be differentiated. Thus, in its ordinary meaning, totipotent cells are                                   
                undifferentiated cells. In other words, in the ordinary meaning to those working in the art, totipotent                                   
                cells are not differentiated cells.                                                                                                       
                         The cells of an organism may also be characterized into two categories: somatic cells and                                        
                germ line cells. Germ line cells are cells from which the next generation of gametes - the sperm and                                      
                ovurn- may be derived. The gametes are the cells which pass genetic information onto the next                                             
                generation of the organism. Somatic cells are non-germ line cells. In other words, somatic cells are                                      
                any cell other than a germ cell or germ cell precursor." In ordinary reproductive processes, somatic                                      
                cells do not pass genetic information on to the next generation of the animal. Totipotent cells, which                                    
                may develop into all the cells of the adult organism, including the germ cells, are germ cell                                             
                precursors and are thus part of the germ line. Thus, in its ordinary meaning, somatic cells are distinct                                  
                from totipotent cells. The two phrases refer to mutually exclusive categories.                                                            




                         12 Alpertsetal., Molecular Biology of the Cell, Garland Publishing Co., N.Y.& London, 1994, pp. 1012                             
                and G-2 1. Ile parties have submitted a Joint Glossary (Paper 20) which defiries "somatic cell" as a "body cell; any cell                 
                of multicellular organism other than gametes." We do not accept this definition as the ordinary meaning of the phrase                     
                because it is too narrow. As support for the definition the parties cite King et at., A Dictionary of Genetics, Oxford                    
                University Press, 1997, p. 318, which defines somatic cell as                                                                             
                                  any cell of the eukaryotic body other than those destined to become sex cells. In diploid                               
                                  organisms, most somatic cells contain the 2N number of chromosomes: in tetraploid                                       
                                  organisms, somatic cells contain the 4N number, etc. [Emphasis added.]                                                  
                The King definition does not support the parties' proffered definition since it excludes more than just the gametes. It                   
                excludes cells which through differentiation are destined to produce gametes. Thus, the definition in King is not                         
                inconsistent with the definition we have adopted from Alperts.                                                                            
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