Interference No. 104,733
Page No. 11
b. Coding Sequence Unpredictability
F16. Even if one predicted the existence of at least one DNA polymorphism in a gene,
one could not predict where in the coding sequence the difference(s) would occur, how
many differences would occur, or what the differences would be. As such, provided
with the coding sequence of a single gene, one of ordinary skill in the art could not
predict with accuracy the number or location of DNA differences between the genes of
different people encoding the same protein. (Paper No. 17, p. 5, T1 0; Paper No. 27, p.
3, admitting UW facts 6-16.)
F17. The two codon differences between UW's claim 3 sequence and Lilly's claim 1
sequence could not have been predicted in advance based on knowledge of either
Lilly's nucleotide sequence or Lilly's amino acid sequences. (Paper No. 17, p. 5, T1 1;
Paper No. 27, p. 3, admitting UW facts 6-16.)
F18. One of ordinary skill in the art could not have predicted the particular DNA
sequence of UW claim 3 based on the amino acid sequence of human protein C light
chain, such as that recited in Lilly claim 81, or a particular DNA encoding that amino
acid sequence, such as that provided in Lilly claim 82. (Paper No. 17, p. 11, T21; Paper
No. 27, p. 3, admitting UW facts 18-21).
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