Interference 105,004 Paper 18
DeBoer v. Gordon
animal technology. (Id. at 1, ¶4.)
11. Dr. Meade testified that he is an inventor of U.S.
Patent 4,873,316, which relates to the transgenic production of
protein in milk using the casein promoter. (Id. at ¶3.)
12. Review of the face of U.S. Patent 4,873,316 shows that
Dr. Meade is one of two inventors, that its title is “Isolation
of Exogenous Recombinant Proteins from the Milk of Transgenic
Mammals,” and that it was filed June 23, 1987. (JE011 at 1.)
13. Dr. Meade states that whey acid protein is specific to
rodents, and is not normally present in the milk of ruminants.
(JE007 at 3, ¶7.)
14. According to Dr. Meade, there was no evidence in 1986
that the WAP promoter would function in bovines. (Id.)
15. Dr. Meade states that, in 1986, he thought it would
have been more likely that a milk promoter from a ruminant would
facilitate expression of heterologous proteins in ruminant milk.
(Id. at ¶8.)
16. Dr. Meade further states that he is not aware of any
example of successful expression of a heterologous protein in a
transgenic animal prior to Gordon’s priority date. (Id. at
3–4, ¶9.)
17. Moreover, Dr. Meade states that it was unknown whether
a promoter from one species could effectively drive expression of
a protein coding sequence from a second species in the mammary
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