CABILLY et al. V. BOSS et al. - Page 8




                     Interference No. 102,572                                                                                                                                          


                     a laboratory by a hybridoma cell line, created by injecting the mouse with antigen,                                                                               
                     harvesting its spleen cells and fusing the same with cells from an immortal cancer cell line.                                                                     
                     Monoclonal antibodies are specific to one antigen which may have multiple determinants                                                                            
                     or epitopes.  Antibodies have the ability to detect and bind to antigens.   The strength of                                                                       
                     the antibody-antigen binding is referred to as specificity and is quantatively measured by                                                                        
                     an affinity value.                                                                                                                                                
                                                                                         III.                                                                                          
                                                                                THE COUNT                                                                                             
                                It is well-settled that, absent ambiguity, a count in an interference is to be given the                                                               
                     broadest reasonable interpretation that the language of the count permits without resort to                                                                       
                     either party’s disclosure.  DeGeorge v. Bernier, 768 F.2d 1318, 1322, 226 USPQ 758,                                                                               
                     761 (Fed. Cir. 1985); Fontijn v. Okamoto, 518 F.2d 610, 618, 186 USPQ 97, 103-104                                                                                 
                     (CCPA 1975); Lamont v. Berguer, 7 USPQ2d 1580, 1582 (Bd. Pat. App.                                                                                                
                     & Int. 1988).  We find the count is clear and unambiguous.                                                                                                        
                                Accordingly, we construe the count as being directed to a two step process for the                                                                     
                     production of either an Ig molecule or an immunologically functional Ig fragment encoding                                                                         
                     at least the variable domains of the Ig heavy and light chains.  The first step comprises                                                                         

                     transforming a single host cell (e.g., E.coli) with first and second DNA sequences                                                                                

                     encoding at least the variable regions of both the heavy chain and light chain and the                                                                            
                     second step comprises expressing, in the transformed host cell, the respective heavy and                                                                          

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