Ex Parte PAGE - Page 13




                       37.     Glaxo argues that “it is possible that an antibody expressed by a CHO cell might                       
               not be glycosylated” and “[t]herefore even if the antibody was expressed in a CHO cell, it does                        
               not necessarily follow that the antibody would be glycosylated” (Paper 49 at 11-12 and Paper 51                        
               at 21-22).                                                                                                             
                       38.     Cabilly argues that the Cabilly applications disclose antibodies expressed by CHO                      
               cells and that the Cabilly applications disclose that those antibodies would be glycosylated                           
               (Paper 106 at 5).                                                                                                      
                       39.     The examples provided by the Cabilly applications are directed to the expression                       
               of antibodies by E.coli cells (Exh. 2103 at 30-53).                                                                    
                       40.     Evidence pointed out to us indicates that an E.coli cell will not ordinarily                           
               glycosylate a protein it expresses (Exh. 2012 at ¶17).                                                                 
                       41.     The Cabilly applications indicate that a mammalian cell would be expected to                           
               produce antibodies that are glycosylated. For example, the Cabilly applications state that:                            
                       Heavy chain from mammalian cells is expected to be slightly heavier than E.coli                                
                       material due to glycosylation in the former (Exh. 2103 and Exh. 2102 at                                        
                       45:26-28)                                                                                                      
                       and that                                                                                                       
                       Third, both hybridomas and B cells inevitably produce certain antibodies in                                    
                       glycosylated form (Melchers, F., Biochemistry, 10: 653 (1971)) which, under                                    
                       some circumstances, may be undesirable (Exh. 2103 and Exh. 2102 at 4:18-21).                                   
                       42.     The only specific mention of CHO cells found in the Cabilly applications is as                         
               follows (Exh. 2103 and Exh. 2102 at 18: 8-10):                                                                         
                       Examples of such useful host cells [for expressing antibodies] are VERO and                                    
                       HeLa cells, Chinese hamster ovary (CHO) cell lines, and WI38, BHK, COS-7 and                                   
                       MDCK cell lines.                                                                                               

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