Interference No. 102,572
Lastly, Cabilly et al. argue in their reply brief (page 16) that Cabilly testified that he
ligated fragments I, II and III and transformed them into E.coli and that he later
retransformed these cells to get cotransformed cells potentially expressing both the heavy
and light chains; that Rey corroborates this testimony because he analyzed these
transformants by restriction analysis and sequencing before Boss et al.’ March 25, 1983
filing date. Cabilly et al. in their brief set forth their scenario for priority and included the
work of Cabilly et al. in ligating fragments I, II and III to prepare pGammaCEAFABtrp207-
1* (identified by Cabilly et al. as a plasmid vector for the direct expression of the FAB
fragment of the heavy chain gene) (see ¶ 15, Cabilly et al. case). However, they did not rely
upon Cabilly’s testimony that he later retransfomed these cells potentially expressing both
heavy and light chains. Moreover, there are no argument’s in the Cabilly et al. brief
directed to the work of Cabilly et al. in the preparation of pGammaCEAFABtrp207-1*
transforming these into E.coli nor to the cotransformation of this heavy chain with a light
chain. Hence, both of these new arguments are not entitled to any consideration.32
32Even assuming arguendo that Cabilly et al. relied upon this testimony and made
such an argument in their brief, such testimony would not be deemed sufficient to establish
an actual reduction to practice as now alleged because an inventor’s testimony and
documentation are self-serving and have no corroborative value. Moreover, while Rey
testified that he analyzed the transformant pGammaCEAFABtrp207-1*, there is no
corroborating evidence of record with respect to Cabilly’s alleged work on any
cotransformation involving pGammaCEAFABtrp207-1*. There is no evidence proferred to
establish (1) what Rey found upon sequencing the heavy chain transformant, (2) whether
Rey sequenced a light chain transformant; (3) whether Rey analyzed a cotransformant
containing plasmid(s) containing the heavy and light chains of CEA.66-E3 antibody; and
(continued...)
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