Interference Nos. 103,882, 103,933, and 104,228 Consolidated Judgment
Gregory v. Tsui et al. Page 5
The nucleic acid and protein counts
18. DNA is deoxyribonucleic acid, a kind of nucleic acid.
19. RNA is ribonucleic acid, a kind of nucleic acid.
20. cDNA is complementary DNA, a kind of nucleic acid.
21. In all of Gregory's motions to deny benefit, the focus is on Tsui's alleged inability
to produce cDNA capable of encoding CFTR in E. coli host bacteria until after Gregory's earliest
accorded effective filing date.
22. Tsui discloses making CFTR protein by injecting RNA into Xenopus oocytes5
(1042 at 101:23-25).6
23. Tsui also discloses the isolation of CFTR protein from the cell membrane fraction
of cultured colonic carcinoma cell of the T84 line (1042 at 75:5-76:9). This method does not
appear to rely on an isolated nucleic acid sequence for recovery of CFTR protein.
24. It is not apparent from Gregory's motions why the disclosure of non-bacterial
protein expression systems, as well as isolation for the carcinoma cell line, is not adequate to
instruct one skilled in the art on the manner of making, isolating, and purifying the CFTR
protein. Gregory does argue that much of the disclosure appears to be "prophetic", that is, an
explanation of what could be done as opposed to what had been done. That characterization
appears to be apt for the alternate expression systems.
5 Egg cells of the African clawed frog, X. laevis. Frogs are eukaryotes, not bacteria.
6 Tsui exhibits are numbered in the one thousands in all three cases. Tsui exhibit 1042 is the disclosure of
Tsui's 609 application. "101:23-25" means page 101, lines 23-25.
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