not give rise to all of the cells in that developing cell mass. Thus, the term
"pluripotent" can refer to a cell that cannot give rise to all of the cells in a live
born animal.
Strelchenko Application 09/357,445, Paper I (specification), pp. 6,1. 27 - p. 7,11. 1-2 (emphasis
added). Thus, Strelchenko's use of "totipotenf'in the specification is consistent with the ordinary
meaning of the word as a cell which is unrestricted in its developmental capacity in that subsequent
generations of cells may develop into all the cells of the mature animal.
3.
a.
Strelchenko, however argues for a different meaning, asserting that Strelchenko has acted
as his own lexicographer. Paper 50, p. 16. In particular, Strelchenko argues that totipotent as used
in the precritical date claims connotes somatic. Thus, Strelchenko states with respect to pre-critical
date Claim 48:
Given the definitions of totipotent and somatic cell in the '445 Application
and the Glossary, a "totipotent manimalian cell" as claimed in Claim 48 of
the '445 Application refers to a polyploid cell (i.e., somatic cell as defined)
capable of developing into an organism, e.g. an embryo.... Strelchenko
claim 48 therefore comprises a donor cell that is a proliferating somatic cell
(as defined by the Glossary) capable of giving rise to a developing cell mass.
Paper 50, p. 20 (citations to exhibits deleted). Strelchenko goes on to reiterate that
[i]t is therefore inescapable that Strelchenko Claim 48 covers the alleged
point of novelty (use of a "proliferating somatic cell") claimed by Stice.
Paper 50, p. 2 1.
Similar argument is presented with respect to Claims 106 and 107. Both of these claims
additionally require reprogramming a non-totipotent cell to be totipotent prior to nuclear transfer to
form a cybrid. With respect to Claim 106 Strelchenko states:
Given the definitions of reprogramming and totipotent cell in the '445
Application, and the definition of somatic in the Glossary, a "reprogrammed
cell" obtained by culturing a non-embryonic cell, as claimed in Claim 106 of
the '445 Application is substantially the same as a "proliferating somatic cell
that has been expanded in culture" claimed by Stice as being able to generate
an embryo (capable of developing into an organism).
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