F 11. In the method as claimed in Stice 577, a donor cell or the nucleus from a donor cell is
inserted into an enucleated oocyte. Stice refers to the product as a nuclear transfer unit. The
unit is implanted in the uterus of an animal of the same species and develops into a clone.
F 12. All of Stice's involved claims specify that the donor cell is a "proliferating somatic cell
which has been expanded in culture."
F 13. Stice's Claim I is representative of the interfering subject matter as claimed by Stice:
I An improved method of cloning a non-human mammal by nuclear
transfer comprising
the introduction of a non-human mammalian donor cell or a
non-human mammalian donor cell nucleus into a
non-human mammalian enucleated oocyte ofthe same
species as the donor cell or donor cell nucleus to form
a nuclear transfer (NT) unit,
implantation of the NT unit into the uterus of a surrogate mother of
said species, and
permitting the NT unit to develop into the cloned mammal,
wherein the iMrovement comprises using as the donor cell or donor
cell nucleus a proliferating somatic cell that has been expanded i
culture or a nucleus isolated from said somatic cell.
Paper 7, Appendix (unpaginated) (emphasis added).
111. Preliminaries to the interference
A. Prosecution of Stice Application 08/781,752
F 14. Stice Application 08/781,752 was filed on January 10, 1997. Application 08/781,752,
Paper 1, p. 1.
F 15. As originally filed the application included 77 claims, all of which required the use of a
differentiated cell as a donor material for nuclear transfer. Application 08/781,752, Paper 1,
pp. 48-61.
F 16. None of Stice's original claims included the limitation requiring the use of a "proliferating
somatic cell that has expanded in culture" as the donor cell material for nuclear transfer.
Application 08/781,752, Paper 1, pp. 48-61.
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