Interference No. 102,572
circumstantial evidence independent of the inventor. We find neither. The count requires
the use of specific DNA encoding an Ig molecule [herein CEA.66-E3 antibody] These
sequences are material limitations in the count. The question is how one obtains and
30
verifies such materials. In order to isolate a gene of interest from a cDNA library, the
library is first denatured and then screened with a probe which may bind or hybridize under
specific conditions with a complementary strand. In addition, the probe must not bind with
identical portions of a gene for other proteins thereby resulting in the retrieval of a gene
other than the one of interest. Thus, the identity of the DNA sequence that complexes with
the probe and forms the hybridized product is directly related to the identity of the
oligonucleotides used as probes and to the conditions used. Holmes also alleges that he
sequenced the resulting clones. Such allegation stands uncorroborated. There is no
evidence of record to indicate that the first and second DNA molecules used were ever
obtained, identified and verified.
Cabilly et al., in their brief (page 24), asserts that the expression plasmids for the
heavy and light chains, pKCEAtrp207-1*delta and pGammaCEAInt2, respectively, were
constructed by Cabilly and Holmes and confirmed with the assistance of Rey by about
December, 8, 1982. Reduction to practice must be completely corroborated in point of
30Cabilly et al. alleged that the DNA sequence encoding various Ig heavy and light
chains were known by 1981. (CS Brief, p. 2) There is no evidnce in this record to support
this allegation. Meitzner, 549 F.2d at 782, 193 USPQ at 22.
40
Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: November 3, 2007