Interference No. 103,203
tissue factor) been essential, or needed for any purpose whatsoever, the Edgington et al.
specification would have specified the nature of said nucleotides. Since they did not, we
hold that only the 789 nucleotides required to encode amino acids 1 to 263 of mature
tissue factor are necessary to define the interfering subject matter between the parties.
We note Edgington et al.’s argument that noncoding regions are not per se
irrelevant. Edgington Opposition, Paper No. 189, pp. 5-7. According to Edgington et
al., (i) the noncoding regions of the DNA sequence can control transcription and
translation, (ii) the 5' noncoding region of human TF gene contains an Alu sequence and
that such sequences have been demonstrated to regulate production of some proteins,
and (iii) start and stop codons that define the open reading frame of the DNA sequence
encoding tissue factor would not be included in a DNA segment which encodes only the
263 amino acids of the mature protein. Id. We find these arguments unpersuasive for the
reasons set forth in the Lawn et al. Reply (Paper No. 195) and Brief (Paper No. 343). In
addition, we point out that Count 1 does not contain a limitation to (i) the noncoding
regions of the DNA sequence which control transcription and translation, (ii) the Alu
sequence in the 5' noncoding region of human TF gene, and (iii) start and stop codons that
define the open reading frame of the DNA sequence encoding tissue factor. Since Count
1 does not mandate that the additional 344
nucleotides encode the regulatory sequences listed by Edgington et al., we do not find that
these arguments address a limitation present therein.
In view of our disposition of this motion, a redeclaration of the interference which
reflects the substitution of Count 1 with Count 2 is set forth, infra. In said redeclaration
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