7. Mammalian cells other than the gametes (with the exception of those cells,
such as mature red blood cells, having no nucleus and hence no nuclear
material) are normally polyploid having two sets of each chromosome
(diploid) during most phases of the cell cycle and four sets of each
chromosome (tetraploid) during certain stages of the synthesis and mitosis
phases.
8. Not all genn cells are or even become, gametes.
9. Haploid cells may not by themselves, give rise to a new mammal and are
therefore not "totipotent" under the definition provided in the '445
Application, or given the ordinary meaning of "totipotent" as defined in the
Joint Glossary; totipotent cells are limited to cells which are polyploid.
12. "Totipotent" as defined in the '445 Application and as understood by a
person of ordinary skill in the art at the time of the disclosure, therefore refers
to polyploid cells capable of generating a developing cell mass, or embryo
when used in the NT process. Step (a) of Claim 48 employs the term
"totipotent mammalian cell," meaning a mammalian cell that, when, used in
the NT process, is capable of developing into an organism Claim 106
specifies that the "reprogrammed cell is totipotent," meaning capable of
developing into an organism. Claim 107, by depending from Claim 106, also
contains the limitation that the "reprogrammed cell is totipotent," meaning
capable of developing into an organism
13. Mammalian gametes, being haploid, are not totipotent cells.
14. Totipotent cells are cells of a multicellular organism that are not
mammalian gametes.
15. A totipotent cell is therefore a somatic cell (as defined in the Glossary)
that has thepotential to generate a developing cell mass, i.e., an embryo when
used as the donor cell in the NT process.
Strelchenko Ex. 2034, pp. 2-3, 115-15
b.
Strelchenko's argument is not persuasive and we do not credit Dr. Forsberg's testimony on
thispoint. Strelchenko's argument as to the meaning of somatic and totipotent is inconsistent with
the ordinary meanings of those words and, more importantly, their uses in Strelchenko's
specification. In their ordinary meanings in the art, somatic and totipotent are mutually exclusive.
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