Interference No. 102,572
While Cabilly indicates that he sent the mRNA to Holmes, Holmes’ testimony
indicates that the mRNA was from an unnamed source at City of Hope. And while Cabilly
et al. would have us accept that Holmes received the cell line from Cabilly based on
Cabilly’s testimony, it is well settled that joint inventors cannot be corroborators. Kendall v.
Dickinson, 195 USPQ 605, 614 (Bd. Pat. Int. 1975). It should be noted that the record
never establishes that these inventors were working in the same laboratory; note that City
of Hope is said to be in Duarte, California, and Genentech in San Francisco, California.
Moreover, here, as well as throughout this record, samples made are not labeled and no
chain of transfer of the samples between the declarants is ever established. id.
Holmes testifies that he prepared an E.coli cDNA library. Cabilly et al. (RB-13)
alleges that Holmes gave the cells on agar plates to Rey. Rey is identified as a research
assistant at Genentech who reported to Heyneker not Holmes. There is no testimony that
the cultures received were labeled and Rey never testified when he got or from whom he
got the cultures or to whom he gave the filters. Moreover, Rey never testified that he
analyzed the cultures and thus there is no independent corroboration as to the content of
the cultures.
Holmes alleges that he received from the Genentech lab oligonucleotides which he
used to prepare light and heavy chain oligonucleotide probes to hybridize with the filters.
On this record, the oligonucleotides are not identified. Holmes did not testify as to how he
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