ENGVALL et al. V. DAVID et al. - Page 35




                        For  comparison  we  have  also  plotted  Engvall’s  example  1  data  on  Graph  4  below.                     



                                                   Engvall Example 1 Data - La v. B*                   Ab*                              

                         100                                                                                                            
                                                             y = 63.156x - 1.3475                                                       
                          90                                                                                                            
                                                                  R2 = 0.999                                                            
                          80                                                                                                            
                          70                                                                                                            
                          60                                                                                                            
                     a                                                                                                                  
                    L     50                                                                                                            
                          40                                                                                                            
                          30                                                                                                            
                          20                                                                                                            
                          10                                                                                                            
                           0                                                                                                            
                             0        0.2       0.4       0.6        0.8       1         1.2       1.4       1.6                        
                                                                    B*                                                                  

                                                                 Graph 4                                                                

                        The arrow at  the upper right Graph 4 indicates the Ab* value of 1.6 used by Bergland, the                      
                highest value reported in Engvall’s example 1.   E128, p. 3-4.  As can be seen from the plot, the Ab*                   
                value,  1.6,  is proportional with the other reported values.   In other words, the value of 1.6 is not                 
                near saturation and does not appear to be a assay value which represents a sample having a great                        
                excess of ligand.  Engvall’s  value of 1.6 does not meet Walker’s criteria of a limiting Ab* value.                     
                E57, p.588.  Thus, the person having ordinary skill in the art would not know to a reasonable degree                    
                of certainty, what value to use for Ab*.  The value for the affinity constant determined by Bergland                    
                from a Scatchard analysis of Engvall’s example 1 data is speculative.                                                   
                        Thus, there is little certainty that the person having ordinary skill in the art would similarly                
                                             9                                                                                          
                arrive at a value of  3.7 x 10  liters/mole applying a Scatchard plot analysis to the data in Engvall’s                 
                example 1.                                                                                                              

                                                                  32                                                                    





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