(d) culturing said cybrid so as to generate an embryo comprising
embryonic cells; and
(e) transferring said embryo of step (d) or a recloned embryo of
said embryo of step (d) into the uterus of a host animal for
developing said animal.
107. The method of claim [106], wherein said cells are reprogrammed by
cultivation in a culture medium.'
Strelchenko Application 09/357,445, Paper 2, p. 7.
B. Comparison of Strelchenko's precritical date claims and the Stice 577
claims
F 46. Slice's 557 claims specify that the donor cell is "a proliferating somatic cell which has been
expanded in culture." Paper 7, Appendix (unpaginated).
F 47. Strelchenko's precritical date claims 48, 106 and 107 specify that the donor cell is a
totipotent cell. Strelchenko Application 09/357,445, Paper I ( specification), p. 96; Paper
2, p. 7.
F 48. Thus, the Stice 577 claims and Strelchenko Claims 48,106 and 107 differinnaming the cell
used as the donor cell in nuclear transfer.
1. "Totipotent cells"
F 49. The meaning of totipotency to a person having ordinary skill in the art is the ability or
capacity of certain cells to differentiate into any type of cell and thus form a new organism
or regenerate any part of an organism; e.g., a fertilized ovum, or a small excised portion of
a Planaria, which is capable of regenerating a complete new organism.'
F 50. Strelchenko's specification expressly defines "totipotent" as follows:
Ile term "totipotent" as used herein refers to a cell that gives rise to
all of the cells in a developing cell mass, such as an embryo, fetus, and
animal. In preferred embodiments, the term "totipotent" also refers to a cell
Strelchenko Claim 107 as it appears in the preliminary amendment filed July 20, 2000, actually
depends on Claim 50, a claim which was cancelled by the very amendment which added Claims 106 and 107.
Strelchenko characterizes the reference to Claim 50 as a typographical error and says that Claim 107 should have been
dependant upon Claim 106. Paper 50, p. 11, $ 102, n.2. For the purpose of this decision only, we adopt that
characterization.
3 Stedman's Medical Dictionary, 27' Ed., Lippincott Williams & Wilkins, Philidelphia, 2000; King et
al., A Dictionary of Genetics Oxford University Press, New York, 1997; Paper 20, p. 8.
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