In preferred embodiments, (1) the totipotent cells are not alkaline
phosphatase positive; (2) the totipotent cells arise from at least one precursor
cell; (3) the precursor cell is isolated from and/or arises from any region of
an animal; (4) the precursor cell is isolated from and/or arises from any cell
in culture; (5) the precursor cell is selected from the garoup consistin of a
non-embryonic cell, a non-fetal cell, a differentiated cell, a somatic cell, an
embryonic cell, a fetal cell, an embryonic stem cell, a primordial germ cell,
a genital ridge cell, an amniotic cell, a fetal fibroblast cell, an ovarian
follicular cell, a cumulus cell, an hepatic cell, an endocrine cell, an
endothelial cell, an epidermal cell, an epithelial cell, a fibroblast cell, a
hematopoictic cell, a keratinocyte, a renal cell, a lymphocyte, a melanocyte,
a muscle cell, a myeloid cell, a neuronal cell, an osetoblast, a mesenchymal
cell, a mesodermal cell, an adherent cell, a cell isolated from an asynchronous
population of cells, and a cell isolated from a synchronized population of
cells where the synchronous population is not arrested in the G. stage of the
cell cycle; and (6) the precursor cell is preferably isolated and/or arises from
a mammalian animal, more preferably an ungulate animal, and most
preferably a bovine animal.
Strelchenkc, Application 09/357,445, Paper I (specification), p. 10, 1. 29 - p. 11, 1. 14
(emphasis added).
F 64. A totipotent cell in both its ordinary meaning and as used in Strelchenko's specification does
not encompass, cover or mean a differentiated cell or a somatic cell. 1749-1763.
2. "Proliferatine somatic cell that has been expanded in culture"
F 65. 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 66. The phrase "proliferating somatic cell that has been expanded in culture" appears only in
Slice's claims and does not appear, in haec verba, in Stice's written description.
F 67. Slice's written description does not provide definitions of "proliferating ... ..somatic," or
"expanded in culture."
F 68. The ordinary meaning of a proliferating cell is a cell that is in the process of growth and
reproduction.5
F 69. The examiner of the application that became the Stice 577 patent expressly indicated her
understanding of the meaning of "proliferating cells" in the examiner's amendment:
5 Stedman's Medical Dictionary, 27' Ed., Lippincott Williams & Wilkins, 2000.
-12-
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007