Interference 102,728
which can then be recovered from the supernatant of the yeast cell culture using routine
purification techniques.
III. The count
The subject matter at issue is defined by a single count, which is identical to
claim 1 of the Brake patent. The count reads as follows:
Count 1
A DNA construct comprising a sequence of the following formula:
5N-L-S-GENE*-3N,
where:
L encodes a Saccharomyces alpha-factor leader sequence recognized by a
yeast host for secretion;
S encodes a spacer sequence providing processing signals resulting in the
enzymatic processing by said yeast host of a precursor polypeptide encoded by L-S-
Gene* into the polypeptide encoded by Gene*, S containing the sequence 5N-R1-R2-3N
immediately adjacent to the sequence Gene*, R1 being a codon for lysine or arginine,
R2 being codon for arginine, with the proviso that S not contain the sequence 5N-R3-R4-
X-3N, where R3=R1, R4=R2, and X encodes a processing signal for
dipeptidylaminopeptidase A; and
Gene* encodes a polypeptide foreign to Saccharomyces.
The claims of the parties which correspond to count 1 are:
Singh: Claims 8 and 19 through 21.
Brake: Claims 1 through 37.
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