Ex Parte WAGNER et al - Page 2


                 Appeal No.  2003-1126                                                       Page 2                   
                 Application No.  08/444,285                                                                          

                        39. A nonhuman transgenic mammal whose somatic and germ cells                                 
                               contain exogenous genetic material, wherein said material does not                     
                               include any virus-specific DNA and includes at least one                               
                               heterologous gene and a transcriptional control sequence operably                      
                               associated therewith, wherein said gene is expressed at a                              
                               detectable level in a plurality of said somatic cells or said germ                     
                               cells, where said genetic material is selected so that the normal                      
                               development of the embryo is not prevented by said material,                           
                               where said mammal is selected from the group consisting of                             
                               rodents, rabbits, goats, pigs, cattle, and sheep.                                      

                        51. A nonhuman mammal characterized as having somatic and germ                                
                               cells that contain exogenous material that does not include any                        
                               virus-specific DNA, said material including at least one                               
                               heterologous gene and a transcriptional control sequence operably                      
                               associated therewith, said gene being expressible at a detectable                      
                               level in a plurality of said somatic cells or said germ cells of said                  
                               mammal under the control of said control sequence, said genetic                        
                               material being selected so that the normal development of the                          
                               embryo to term is not prevented by such material, said mammal                          
                               having been obtained by the following steps:                                           
                                      (a) introducing exogenous genetic material into a pronucleus                    
                               of a mammalian zygote by microinjection, said genetic material                         
                               including at least one heterologous gene and a control sequence                        
                               operably associated therewith, thereby obtaining a genetically                         
                               transformed zygote;                                                                    
                                      (b) transplanting an embryo derived from the genetically                        
                               transformed zygote into a pseudopregnant female; and                                   
                                      (c) allowing the embryo to develop to term;                                     
                               or a mammal descended from a transgenic mammal so produced                             
                               which retains the heterologous gene in expressible form, where                         
                               said mammal is selected from the group consisting of rodents,                          
                               rabbits, goats, pigs, cattle, and sheep.                                               
                        56.  A method of producing a polypeptide or protein which comprises:                          
                                      (a) producing a mammal capable of expressing said                               
                               polypeptide or protein at a detectable level by a method which                         
                               comprises                                                                              
                                             (i) introducing exogenous genetic material that does                     
                                      not include any virus-specific DNA into a pronucleus of a                       
                                      mammalian zygote by microinjection, said genetic material                       
                                      including at least one heterologous gene and a                                  
                                      transcriptional control sequence operably associated                            






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