Interference 104,746 Paper 123 Stice v. Campbell However, although this passage at least discloses that the nucleus to be transferred is bovine, the other limitations, particularly the G1-phase of the transferred nucleus, are not plainly evident from the text. Stice, in its principal brief, makes no effort to show that all the limitations required by the count are present in either sentence recorded by Dr. Stice. Nor did Stice, in its principal brief, attempt to show that one skilled in the art would have recognized his statement as a clear idea of an embodiment within the scope of count 4. The significance of data and other documentary exhibits must be explained. See, e.g., 37 CFR § 1.671(f) (2003) ("The significance of documentary and other exhibits identified by a witness in an affidavit or during oral deposition shall be discussed with particularity by a witness”); 37 CFR § 1.608(b) (2003) (similar requirement for discussion of the significance of documents); Standing Order §§ 42, 43 (Paper 2) requiring underlying facts be disclosed that form the basis of expert opinion, and explanations of scientific tests and data). Stice's statement that "[t]he conception corresponds to the subject matter of the Counts" is unsupported by any explanation. When questioned on this point at oral argument, Stice urged that the G1-phase limitation was met inherently by a nucleus taken from a culture of propagating cells. (Paper 120 at 11.) The -22-Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 3, 2007