Interference No. 103,203
consideration to this portion of Dr. Spicer’s testimony. In addition, as we discussed
above, Dr. Spicer is a co-inventor, and as such her testimony must be corroborated. See
Decision on Motion, p. 10, supra. Hahn v. Wong, 892 F.2d at 1032, 13 USPQ2d at 1317;
Larson v. Johenning, 17 USPQ2d 1610, 1611-12 (Bd. Pat. App. & Int. 1990)(where a
witness is actually a co-inventor, even though not so named in the application, his or her
testimony cannot be used for corroboration).
Dr. Spicer appears to testify that, based on the data set forth in NRE 100, she was
in possession of a nucleotide sequence encoding full length human tissue factor (NR 3823,
22
lines 12-15). However, we point out that the computer printout about which Dr. Spicer
testifies, i.e., NRE 100, contains numerous handwritten notations as to questionable
nucleotides (e.g., MS&Y 7636, gaps in the sequence in nucleotide line 241 and Frame A),
highlighting, several frameshifts in the amino acid sequence (e.g., MS&Y 7637, the
highlighting indicates a frameshift from Frame A to Frame C and then from Frame C to
Frame B), an ambiguity between the nucleotide sequence and the protein data (e.g.,
MS&Y 7639, nucleotide line 781, Frame B), etc. In addition, the notations on the computer
printout appear to indicate that the protein ends at the histidine residue at position 259. To
that end, we direct attention to NRE 100, MS&Y 7640 wherein there is a handwritten
notation “# 259" and the His residue is underlined. We note that there is also a notation in
NRE 100, MS&Y 7639, nucleotide line 961, wherein a “C” is crossed out and “keep” is
22Dr. Spicer testifies as follows [NR 3823, lines 10-15]:
Q. So this is not the nucleotide sequence incoding [sic, encoding] full-length tissue factor?
A. Yes, it does. It’s not the entire mRNA sequence, but it encodes the entire protein because a
lot of the mRNA is not need for the protein sequence.
44
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