Findings of Fact
The following findings are supported by a preponderance of the evidence. Additional
findings are made in the Analysis part of this opinion.
1. The parties
F 1. This interference is between Strelchenko Application 09/357,445 and Stice Patents
5,945,577; 6,215,041 and 6,235,969.
F 2. The real party-in-interest of the Strelchenko application is Infigen, Inc. Paper 8.
F 3. The real party-in-interest of the Stice patents is the University of Massachusetts. Paper 6.
11. The subiect matter of the interference
F 4. The subject matter claimed by both parties relates to processes of cloning animals.
F 5. Both parties claim cloning processes which utilize nuclear transfer between a specified donor
cell or the nucleus of the donor cell and an enucleated oocyte.
F 6. The parties' methods share a common goal: the ability to use virtually any animal cell,
particularly non-embryonic cells, as the donor cell in the cloning process.
F 7. Strelchenko's written description states:
The present invention provides multiple advantages over the tools and
methods currently utilized in the field of mammalian cloning. Such features
and advantages include:
(1) Production of cloned animals from virtually any type of cell. The
invention provides materials and methods for reprogramming
non-totipotent cells into totipotent cells. These non-totipotent cells
may be of non-embryonic origin. This feature of the invention allows
for the ability to assess the phenotype of an existing animal and then
readily establish a permanent cell line for cloning that animal.
Strelchenko Application 09/357,445, Paper I (specification), p. 4,11. 3-11.
F 8. Stice's written description also notes this advantage:
By the present invention, there are potentially billions of fetal or adult cells
that can be harvested and used in the cloning procedure. This will potentially
result in many identical offspring in a short period.
Stice 577, col. 6,11. 36-39.
F 9. In the method as claimed by Strelchenko, either a cell obtained from an ungulate fetus or a
non-embryonic ungulate cell is cultured to form a cell culture. In one aspect the cultured
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