Therefore, the "reprogrammed cell [that] is totipotent" as claimed by
Strelchenko in Claim 106 of the '445 Application as it was filed on July 20.
1999, is substantially the same subject matter as the "proliferating somatic
cell that has been expanded in culture" as claimed by Stice in Claim I of the
'577 patent.
Paper 50, pp. 22-23, citations to exhibits deleted.
Strelchenko Claim 107 depended from Claim 106 and added the requirement that the non
embryonic cells be "reprogrammed by cultivation in a culture medium." As a dependent claim,
Claim 107 incorporates by reference all the limitations of the claim from which it depends. 35
U.S.C. § 112,12. Strelchenko, inter alia, repeats the same argument that the use of a totipotent cell
and a somatic cell that has been expanded in culture are substantially the same. Thus, Strelchenko
states:
Claim 107 is directed to substantially the same subject matter as the invention
claimed by Stice in Claim 12 of the '577 patent. Claim 107 specifies that the
"reprogrammed cell is totipotent," meaning capable of developing into an
organism. Claim 107 further specifies that the "reprogramming" is achieved
by culturing the cells under conditions which will create proliferating cells.
Given the definitions of totipotent and somatic cell given in the '445
Application and the Glossary, a "totipotent cell" obtained by culturing a non
embryonic cell, as claimed in Claim 107 of the '445 Application is
substantially the same as a "proliferating somatic cell" claimed by Stice as
being able to generate an embryo (capable of developing into an organism).
Therefore, the "reprogrammed" totipotent cell that is "reprogrammed
by cultivation in a culture medium" as claimed by Strelchenko in Claim 107
of the '445 Application as it was filed on July 20, 1999, is substantially the
same subject matter as the "proliferating somatic cell that has been expanded
in culture" as claimed by Stice in Claim I of the '577 patent.
Paper 50, pp. 23-24.
In support of this argument, Strelchenko relies on the testimony of Dr. Eric Forsberg. Dr.
Forsberg testifies:
5. Most of the cells of mammals have a number of copies of each
chromosome, referred to as the "ploidy" of the cell.
6. The gametes of mammals are haploid having but a single copy of each
chromosome.
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