STICE et al. V. STICE et al. V. STRELCHENKO et al. V. HENSEN et al. - Page 28





                Somatic cells are defined in the art by what they are not. They are any cell other than a germ cell                                    
                or a germ cell precursor." A totipotent cell which may differentiate into any cell including a germ                                    
                line cell, is a germ cell precursor and is thus excluded from the ordinary definition of somatic cell.                                 
                Strelchenko's written description uses the word "somatic" consistently with the ordinary meaning                                       
                in indicating that a somatic cell is a non-totipotent precursor cell which may be converted or                                         
                reprogrammed to be a totipotent cell. Thus, Strelchenko says that one of the benefits of the                                           
                invention is the production of clones utilizing virtually any non-totipotent precursor cell, including                                 
                non-embryonic cells:                                                                                                                   
                                           Thepresent invention provides multiple advantages over the tools and                                        
                                  methods curTently utilized in the field of mammalian cloning. Such features                                          
                                  and advantages include:                                                                                              
                                           (1) Production of cloned animals from virtually any type of cell. The                                       
                                           invention provides materials and methods for reprogramming                                                  
                                           non-totipotent cells into totipotent cells. These non-totipotent cells                                      
                                           may be of non-embryonic origin.                                                                             
                Strelchenko Application 09/357,445, Paper I (specification), p. 4,11. 3-8. Strelchenko specifically                                    
                notes that non-embryonic precursor cells include somatic cells:                                                                        
                                  The term "non-embryonic cell" as used herein refers to a cell that is not                                            
                                  isolated from an embryo. Non-embryonic cells can be differentiated or                                                
                                  nondifferentiated. Non-embryonic cells can refer to nearly any somatic cell,                                         
                                  such as cells isolated from an ex utero animal.                                                                      
                Strelchenko Application 09/357,445, Paper I (specification), p. 12, 11. 27-30, emphasis added.                                         
                Similarly, in describing a preferred embodiment, Strelchenko again notes the conversion of non                                         
                totipotent precursor cells, such as somatic cells, to totipotent cells for use in cloning:                                             
                                           In preferred embodiments, (1) the totipotent cells are not alkaline                                         
                                  phosphatase positive; (2) the totipotent cells arise from at least one I)recurso                                     
                                  cell; ... (5) the precursor cell is selected from the ff-oup consisting of... a                                      
                                  somatic cell ...  ; 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.                                                                                          



                         13 Alpenset al., Molecular Biology of the Cell Garland Publishing Co., NY.& London, 1994, pp. 1012                            
                and G-2 1.                                                                                                                             
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