CABILLY et al. V. BOSS et al. - Page 49




              Interference No. 102,572                                                                                        

              expression...”; and submitted the proposal to Genentech on October 5, 1981 (citing CX-2                         
              and Bates page 922).  While Riggs’, in his testimony identifies CX-2 as a proposal he                           
              formulated and forwarded to Genentech on October 5, 1981,  his testimony is insufficient                        
              to establish a complete conception since he does not explain what specific passage(s) of                        
              Bates page 922 support his conclusory statement  or how any part of Bates page 922                              
              “contains all the elements of Count 1" as alleged in their brief.  (CB-24, first paragraph)                     
              Amoss, 195 USPQ at 453-454.  Exhibits do not speak for themselves.   We find no                                 
              explanation as to how the statement “a single bacterial strain could be constructed which                       
              contained both heavy and light chain genes for co-expression”  satisfies the terms of the                       
              count and shows that every limitation of the count was known by the inventor at the time of                     
              the alleged conception.  Coleman, 754 F.2d at 359, 224 USPQ at 862.  Each express                               
              limitation of the count is considered material and cannot be disregarded.  Schur v. Muller,                     
              372 F.2d 546, 551, 152 USPQ 605, 609 (CCPA 1967).  The count requires employing a                               
              first and second DNA sequence encoding for at least the variable regions of the heavy and                       
              light chain of an Ig molecule.   In addition, the process requires the production of specific                   
              product.  There is no evidence in this record that establishes that the inventors were in                       
              possession of the DNA encoding for the heavy and light chains of the IgG antibody                               
              produced by CEA.66-E3 cell line or any other antibody and the means for producing an                            
              active antibody product.   Hence, the idea is not so clearly defined in the inventor's mind                     
              that only ordinary skill would be necessary to reduce the invention to practice, without                        


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