CABILLY et al. V. BOSS et al. - Page 13




                     Interference No. 102,572                                                                                                                                          

                     subcloning DNA into M13 vectors, preparing single-stranded template and carrying out the                                                                          
                     sequencing reactions.  Rey also testified that he assisted in the sequencing of the heavy                                                                         
                     and light chain cDNA's.  Rey, ¶ 4 (CR-33).                                                                                                                        
                                (8) Holmes testified that he and Heyneker analyzed the sequences and found that                                                                        
                     the entire coding region of the light chain was found in the cDNA insert of pK17G4 and that                                                                       
                     portions of the nucleotide sequence of the heavy chain were found in two isolated                                                                                 
                     plasmids: pGamma298 and pGamma11.  Holmes, ¶ 7.                                                                                                                   
                                (9) Holmes indicated that the plasmid, pKCEAInt 2, for direct expression of the anti-                                                                  
                     CEA light chain gene was prepared from five DNA fragments, 1-5.  According to Holmes,                                                                             
                                                                                                                                       11                                              
                     fragment 1 was prepared by digesting pHGH207-1* with EcoRI, filling in  and digesting                                                                             

                     with BamHI.  Following purification of this fragment, Holmes stated that he treated the DNA                                                                       

                     with bacterial alkaline phosphatase (BAP).  The large fragment (fragment 1) was purified                                                                          
                     by PAGE.  Holmes, ¶ 8 (CR-30).  For fragment 2, Holmes testified that he digested                                                                                 

                     pK17G4 DNA with PstI, purified the fragment by PAGE, digested with AvaII and isolated                                                                             

                     the 333 bp PstI-AvaII fragment by PAGE; he used the PstI-AvaII fragment and an                                                                                    

                     oligonucleotide primer in a primer repair reaction to introduce the initiation codon to the                                                                       

                     light chain gene.  Following the primer repair, Rey sequenced a PstI to AvaII DNA fragment                                                                        

                     of the light chain.  Rey, ¶ 5 (CR-34). Holmes indicated that he and Heyneker analyzed the                                                                         


                                11The Cabilly et al. brief (page 11) alleges that the “filling in” was done with DNA                                                                   
                     polymerase I large fragment .  No one testified as to how the filling in was done.   Meitzner,                                                                    
                     549 F.2d at 782, 193 USPQ at 22.                                                                                                                                  
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