GODISKA et al v. GRAY - Page 6




              Interference 104,002                                                                                             
              reading frames of one clone, MN390-2 (a.k.a. MO390-2 or mc13241) and found that                                  
              only one [reading frame] had no stop codons.  Id.  Drs. Gray and Godiska are said to                             
              have “immediately recognized” that the continuous open reading frame of the MN390-2                              
              clone encoded a chemokine based on (i) the similarity of the amino acid sequence with                            
              those of other known chemokines; and (ii) the presence of a pair of cysteines near the                           
              amino terminus of the protein.  Id., p. 128.  When the MN390-2 sequence was                                      
              compared with other sequences that had been reported in the public GenBank                                       
              database, the greatest sequence identity found was with a rat chemokine known as                                 
              MIP-1$.  Id.; GB, p. 60, Material Fact 133; GR 75, para. 55.                                                     
                      With respect to the “practical utility” of the polynucleotide of the count, Godiska                      
              argues that from January 30 to February 1, 1995, Dr. Godiska cloned and “PCR-                                    
              amplified” the cDNA fragment encoding the mature chemokine 390 (a.k.a. MDC).                                     
              GB, p. 134; GB, p. 72, Material Fact 156.  Godiska further argues that from                                      
              February 3-8, 1995, Dr. Godiska gave the “PCR-amplified” 390 DNA to Ms. Linda                                    
              Watson, manager of the Histology laboratory at Icos Corporation, to make probes for                              
              use in an in situ hybridization experiment.  GB, p. 135; GB, p. 72, Material Fact 158.                           
              Ms. Watson is said to have prepared antisense and sense probes to measure the                                    
              expression of the 390 gene in selected normal and diseased tissues.4  GB, p. 135;                                
              GB, p. 73, Material Fact 159.  Ms. Watson radiolabeled the probes and performed                                  


                      4 The antisense probe is said to bind specifically to chemokine 390 RNA in tissue                        
              samples; whereas, the sense probe is said to be a negative control.  GB, p. 135;                                 
              GB, p. 73, Material Fact 159.                                                                                    
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