Interference Nos. 103,882, 103,933, and 104,228 Consolidated Judgment
Gregory v. Tsui et al. Page 6
25. Tsui points to its isolation of an approximately 250 kb7 gene for encoding CFTR
protein on a 380 kb Sal I restriction fragment, that is a fragment of genomic DNA separated from
its surrounding DNA using the Sal I restriction enzyme (1042 at 26:6-26). The process for
obtaining the Sal I fragment is also disclosed (1042 at 24:27-25:23).
26. Tsui disclosed isolation of 6.5 kb RNA from T84 cells that hybridizes with a
cDNA probe for CFTR nucleic acids, with similar results for cells from specified tissues,
especially those most affect by cystic fibrosis pathologies (1042 at 40:1-41:30).
27. It is not apparent from Gregory's motions why Tsui's disclosure of the isolation of
genomic DNA and mRNA for encoding the CFTR protein is not sufficient enabling disclosure of
isolation of a nucleic acid encoding CFTR protein.
The vector count
28. The 933 vector count requires the use of DNA, which can include both genomic
DNA and cDNA, but not RNA.
29. Tsui has not pointed to any support for a vector using genomic DNA.
30. Tsui does point to various non-bacterial expression systems that may be
transfected with CFTR cDNA and specified, known promoters (1042 at 96:9-31).
31. Gregory provides no reason to believe that Tsui's disclosed non-bacterial
expression systems could not be transfected with a CFTR cDNA, provided the cDNA was
available.
7 Kilobase, or one thousand nucleic acid monomers.
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