Stice Application 08/781,752, Paper 12, p. 7. Stice also characterized the invention as involving
the generic discovery that cells committed to a somatic cell lineage or
somatic cells or nuclei derived therefrom which are capable of division may
be used as nuclear transfer donors during nuclear transplantation, and give
rise to cloned non-human mammalian embryos, fetuses, and offspring.
Stice Application o8n8l,752, Paper 12, p. 11.
Based upon Stice's written description and the prosecution history of Stice Application
08/781,752, we conclude that the phrase "somatic cells" as used in the Stice 577 claims connotes
differentiated cells and does not connote totipotent (undifferentiated) cells. Strelchenko has not
directed us to any evidence which would indicate that "somatic cells" as used in Stice's claims
would be understood to mean or include totipotent cells.
2.
Now we look to Strelchenko's specification and prosecution history to see if Strelchenko has
given "totipotent cells" a particular definition different from the ordinary meaning. Strelchenko's
specification expressly defines "totipotent" as follows:
The 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
that gives rise to all of the cells in an animal. A totipotent cell can give rise
to all of the cells of a developing cell mass when it is utilized in a procedure
for creating an embryo from one or more nuclear transfer steps. An animal
may be an animal that functions ex utero. An animal can exist, for example,
as a live bom animal. Totipotent cells may also be used to generate
incomplete animals such as those useful for organ. harvesting, e.g., having
genetic modifications to eliminate growth of a head such as by manipulation
of a homeotic gene.
Strelchenko Application 09/357,445, Paper I (specification), p. 6, 11. 1-10. This definition is
consistent with the ordinary meaning of totipotent as discussed above. Additionally, Strelchenko's
specification in further explaining the meaning of "totipotent," indicates that totipotent cells do not
include differentiated cells. Strelchenko specifically distinguishes totipotent from pluripotent cells
which are differentiated cells:
The term "totipotent" as used herein is to be distinguished from the
term "pluripotent." The latter term refers to a cell that differentiates into a
sub-population of cells within a developing cell mass, but is a cell that may
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