Interference No. 103,203
human tissue factor nucleotide sequence and the corresponding amino acids which said
sequence encodes. We do not find any uncertainty with the well-known concept that a
nucleotide sequence can be used to determine the amino acid sequence of a protein.
See footnote 4, above. As to the use of the term “presumed,” we point out that Websters II,
New Riverside Dictionary, The Riverside Publishing Co. (1994), p. 932, defines “presume”
as “to assume to be true without proof to the contrary.” Thus, we find Edgington et al.’s
arguments to be semantical, and not substantive.
Nemerson et al. v. Lawn et al.
Lawn et al. have been accorded an effective filing date of February 12, 1987. See
above, Decision on Motions, p. 7. Nemerson et al. did not challenge Lawn et al.’s motions.
See The Nemerson et al. position with respect to Lawn et al., p. 23, above.
In order to prevail over Lawn et al., Nemerson et al. must establish an actual
reduction to practice of a species within the scope of Count 2 prior to Lawn et al.’s
effective filing date of February 12, 1987. To that end we note that Nemerson et al. argue
that they “completed sequencing of the isolated, characterized DNA molecule encoding full
length mature human tissue factor during the first week of February 1987.” Nemerson
Brief, p. 40, first complete sentence. To support their case-in-chief, Nemerson et al. rely
exclusively on Facts 41 through 45 and 49, reproduced on pp.
24-25, above. Id., lines 3-4. Accordingly, we have considered only these “Facts” in
rendering our decision. Of these, only Facts 41 through 43 describe events which are said
to have occurred prior to February 12, 1987.
Turning to the “Facts,” we note that, on their face, there appear to be several
inconsistencies. In Fact 41, it is said that on February 3, 1987, Nemerson et al. had a
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