Interference 105,004 Paper 18
DeBoer v. Gordon
5. DeBoer’s claim 7 relates exclusively to bovines, but it
recites a general regulatory promoter sequence.
6. Gordon’s claim 18 refers to a set of five mammals,
including cow, which is a species of bovine, but it recites
exclusively the whey acidic protein (WAP) promoter.
7. The parties argue that each of the claims of the three
involved DeBoer patents (all of which correspond to the count)
refers to a regulatory sequence that promotes expression, a
mammary gland specific promoter, a mammary gland promoter or a
regulatory sequence from a gene that is preferentially expressed
in the mammary gland over the other tissues, or an alpha-s1
casein promoter. (JM at 2–3, ¶4.)
8. The parties argue further that each of Gordon’s
involved claims specifies a DNA construct in which the promoter
is a whey acidic protein promoter (WAP) that is operably linked
to a DNA sequence encoding a heterologous protein, and a DNA
sequence encoding a signal peptide. (Id. at 3, ¶6.)
Technical background:
Testimony of Dr. Meade:
9. Dr. Harry M. Meade is Senior Vice President of Research
at GTC, an assignee of the Gordon application. (Meade
declaration, JE007 at 1, ¶2.)
10. Dr. Meade testified that he has worked and published
extensively in the fields of molecular biology and transgenic
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