Interference No. 104,733
Page No. 10
F12. GenBank is a publicly accessible database of nucleic acid sequences.
According to a review article published in 1985, it was GenBank's practice during the
1980's to gather nucleic acid sequences for their database from published scientific
literature. (Paper No. 17, p. 8, 114; Paper No. 27, p. 3, admitting UW facts 6-16.)
F13. Lilly advised the reissue application examiner that Lilly's sequence was
deposited with GenBank under Accession Number X02750. Specifically, Lilly informed
the examiner that there is "absolute similarity" between the sequence in Lilly's '663
reissue application and the GenBank X02750 sequence. (Paper No. 17, p. 8, T16;
Paper No. 27, p. 3, admitting UW facts 6-16.)(Paper No. 17, p. 8, T16; Paper No. 27, p.
3, admitting UW facts 6-16.)
F14. Lilly informed the reissue application examiner that GenBank Sequence
NM000312 was UW's protein C DNA sequence. (Paper No. 17, p. 9, 117; Paper No.
27, p. 3, fact 17, stating that Lilly had a good faith belief that its statements regarding
the origins of UW's sequences were true and if Lilly was in error, the error was
inadvertent.)
F15. Lilly's reissue prosecution statements that Foster deposited the NM-OqO3212
are mistaken. The record demonstates that the NM0003212 sequence was derived
from Lilly's X02750 sequence. (Paper No. 17, p. 10, T20; Paper No. 27, p. 3, admitting
UW facts 18-21).
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