Interference No. 103,203
347, p. 38. According to Edgington et al., the earlier-filed and involved Lawn et al.
applications direct those skilled in the art to extract recombinant tissue factor protein from
the medium. Id., p. 39, para. 1. We find this argument to be misdirected.
Again, we point out that Count 2 is directed to a DNA segment comprising a
nucleotide sequence coding for amino acids 1 to 263 of the mature human tissue factor
protein. Count 2 is not directed to the tissue factor protein or a method of isolating said
protein. Since Edgington et al. have not explained why the method of isolating the tissue
factor protein is necessary to carry out the best mode of making a species within the
scope of the count, we do not find that they have sustained their burden of establishing that
the earlier-filed Lawn et al. applications violate the best mode requirement of § 112.
Edgington et al. argue that the Lawn et al. inventors do not satisfy the requirements
of constructive reduction to practice because they were not certain of what they had on
February 12, 1987. Edgington Brief, Paper No. 347, p. 42. Edgington et al. do not
mention the nucleotide sequence set forth in Figure 2 of the ‘743 Application, but rather
they focus on the protein and urge that the specification states that said Figure depicts “the
predicted amino acids of the tissue factor protein together with a presumed leader signal
... . Also, the methionine codon in the region of nucleotides 100-102 was only presumed to
initiate translation of pretissue factor protein.” Id. We find this argument to be misdirected.
In our view, Edgington et al. have not considered the quoted passage in the context
of the ‘743 Application as a whole. That is, we understand from the application, as a
whole, that the quoted passage intends to convey the concept that Figure 2 shows the
argument to mean that the Lawn et al. parent applications do not disclose a best mode for making a
species within the scope of the count.
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