Interference No. 103,203
Count 1 is GRANTED for the reasons set forth therein (Paper No. 171), as well as in the
Reply (Paper No. 195) and the main Brief (Paper No. 343). The motion is DISMISSED
AS MOOT with respect to Count B.
The subject matter which is at the crux of this interference is a DNA sequence
encoding mature human tissue factor. Thus, since the mature tissue factor protein is 263
4
amino acids in length, said protein is manifestly encoded by 789 nucleotides. Yet, original
Count 1 is directed to a DNA segment which comprises “no more than about 1133
nucleotide base pairs.” Neither the existing count, nor the Edgington specification from
which the referenced phrase was derived, specifies what the additional 344 (1133 - 789 =
344) nucleotides are. Since Count 1 is only specific with respect to the nucleotide
sequence which encodes the mature human tissue protein (i.e., from the amino acid
residues from position 1 to 263), and does not specify the nature of the additional 344
nucleotides, we agree with Lawn et al. that the additional nucleotides encompassed by the
recitation of “no more than about 1133 nucleotide base pairs” is not material to the
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invention described therein. Viewed from another
perspective, had the presence of the additional 344 nucleotides encompassed by Count
1(i.e., those nucleotides which are not required to encode amino acids 1 to 263 of human
4For purposes of background, we point out that amino acids are encoded by groups of nucleotides
known as codons. Codons are composed of three adjacent nucleotides. Thus, if a group of three
nucleotides encodes an amino acid, the 263 amino acids of mature tissue factor, manifestly, are encoded
by 789 (263 x 3 = 789) nucleotides.
5Contrary to Edgington et al.’s argument, we find that the elimination of the referenced phrase from
the count eliminates any ambiguities as to what nucleotides are encompassed by a count which is directed
to more than the 789 nucleotides needed to code for amino acid residues 1 to 263 of Figure 1 of the
Edgington patent. Edgington Opposition, Paper No. 189, pp. 3-4.
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