STICE et al v. CAMPBELL et al - Page 22



          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               
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