F 40. Strelchenko Claims 106 and 107 were added by a preliminary amendment filed with the
filing of the 09/357,445 on July 20, 1999. Strelchenko Application 09/357,445, Paper 2,
p. 7.
F 41. After multiple amendments, Strelchenko claim 106 was determined to be patentable by the
examiner as involved Strelchenko Claim 106. Strelchenko claim 107 was cancelled by an
amendment filed October 4,2000. Strelchenko Application 09/357,445, Paper filed October
4, 2000 (designated as Paper 5, but listed as Paper 6 in the application contents), pp. I and
3; Paper 10, p. 2.
F 42. Strelchenko Claim 48, original Claim 106 and Claim 107 were made prior to the critical date
of August 31, 2000.
F 43. Strelchenko Claims 48, 106 and 107 each require nuclear transfer between a totipotent cell
and an enucleated oocyte.
F 44. Strelchenko Claim 48 required using a totipotent cell as the donor material in nuclear
transfer:
48. A method forpreparing a cloned marmnalian embryo, comprising the
step of a nuclear transfer between:
(a) a totipotent mammalian cell, wherein said cell is cultured and
wherein said cell is not serum starved; and
(b) an oocyte, wherein said oocyte is at a stage allowing
formation of said embryo.
Strelchenko Application 09/357,445, Paper 1, specification, p. 96 (emphasis added).
F 45. Strelchenko Claims 106 and 107 also required use of a totipotent cell but further required
that the totipotent cell be formed by reprogramming a non-embryonic cell:'
106. A method for cloning an animal, comprising the steps of.
(a) obtaining a non-embryonic cell from an animal;
(b) reprogramming said non-embryonic cell to form a
Le.progarruned cell, wherein said reprouarnmed cell is
totivoten ;
(c) forming a cybrid by nuclear transfer of said reprogrammed
cell into an enucleated oocyte; and
Strelchenko's reproduction of Claim 106 on pages 21-22 Strelchenko's opposition (Paper 50) is not
correct. The copy in the text above is the claim as it appears in the preliminary amendment filed July 20, 2000.
Application 09/357,445, Paper 2, p. 7.
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