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DECLARATION op RONALD WETZEL
`
`‘
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE BOARD OF PATENT APPEALS AND CE
`
`Interference No. 102.572
`
`Examiner-in-Chief
`Mary P‘. Downy
`
`))
`
`2 )
`
`)
`
`Cahllly or at
`
`v-
`
`3082 at 81
`
`
`
`1.
`
`1. Ron Wezzal. deeluc sad am: am I an a citizen of the United Sum
`
`raiding in Phoealxville. Pennzyl-unis. My Curriculum Vitae is enacted as Cnbilly
`Exhibit No. 5.
`I In a co-inventor of the United States Punt 4.316.551 canned
`
`‘Recombinant
`
`Immznoglobulin Preparations".
`
`2.
`
`Promblovernherl. l978.mApti11S.l989.Iwue3enierSeientisttt
`
`Genemech.
`
`Inc.
`
`(Oeuenteeh)
`
`located at 460 PL San Bruno Blvd" Scum San Francisco.
`
`time 1 wt: neepennible for conducting cape:-ixuents.
`Culfomin 94080. During that
`supervising others
`in conducting experiments.
`investigating ruched:
`to produce
`
`proteins by recombinant means. charneurizing protein structure:
`
`and protein
`
`structure/function
`
`relnionrhipt.
`
`-
`
`.
`
`3.
`
`I am currently empxoyed by Sxnithlcnne Beeehm Phlruaeeudel-13.
`
`in
`
`Kins 01' Prussia. Pennsylvania :3 a Research Fellow in the Macromolecular Science:
`
`Department.
`4.
`development!
`
`_
`In me tax of 1932. Dr. Herb Heynekcr approached me to am...
`in a run:-eh yr-eject
`to express immunoglabuline in B.eoli.
`At um.
`
`um I knew that such 8 project was going on u Gcnemech.
`
`I was awn-e lhat Dr. An
`
`Rig:-S mm ‘ht City of Rape.
`
`in Dunn. Cmtcmia. had spent a sabbntiehl ‘period It
`
`Geneateeh doing initial work in the atoning at the cDNA from I hybridum: cell
`
`line
`
`I-Ieyneker had been working with
`I also was aware that Dr.
`producing an antibody.
`him 4'-‘V11!!!
`that
`time. und that Dr. Heynuker: group was lnvoived in the project
`Iflur
`
`Dr. mu; setumed to the City of Hope.
`
`5.
`
`Dr.
`
`I-leynekcr told me that his group. working wlth Shmuel Cabilly. a
`
`poet-gloetorial reuow in Dr. Art Riggs laboratory at
`
`the Cfity oi Hopt. had expressed
`
`GNE-MED-02016
`
`0 GNE-‘GsKoooo'341 9
`
`MERCK v. GENENTECH
`MERCK v. GENENTECH
`IPR2016-01373
`3
`GENENTECH 2023
`3 GNE-LILLY-BMS 00080763
`
`G”E'“G5 °°°”°3°
`
`1
`1
`
`GNE-REG00080763
`
`

`
`DECLARATION OF RONALD WETZEL
`
`irnmunoglobullna
`
`chain: directed against human careinoembryonic antigen" in
`
`E.coli.
`
`Since a major hurdle of tho eapresaien or imxnunoglobulin was expected to be
`
`in the folding of the protein. and since I had neatly had some success in folding
`
`other recombinant proteins in my lab.
`
`it seemed to me that In! 31'“? man: be able to
`
`contribute to the project.
`
`6.
`
`Joanne Perry. a reaearch associatl
`
`in my lab. and I began work on the
`
`E..eoli
`
`lmnatnoglobulla project on or about January. 1983.
`
`I have rwoaxtxuexed the
`
`course of our experimonta on lmmnnoglobulin club:
`
`then 5630* by er-Iinininl
`
`Jeanne Perry‘: and my notebook: from this time (cahiliy Exhibit: No. 6. 8 and 9).
`
`'7.
`
`I began won: on January 16. 1983. by atmnptin;
`
`to isolate and purify
`
`the imtntmozlobulln heavy chain and light chain produced "in
`
`two different B.eell
`
`strains from cell pastes which i
`
`received from Mike Mumford (cahllly Exhibit No. 18.
`
`Bates Non. 00701 and 00727). We selubillzed the inclusion body material
`
`in a
`
`guanidine hydrochloride solution followed by 5300 gel pomaation chromatography-
`
`Jeanno Parry and I continued to try to mate pm-itiad preparation of
`
`immttaeglobulin chains. alter eonvenlng them to their S-aelfenate derivatives.
`
`DBAB chromatography in urea was tried as a follow-trp atop to the 8-300 column. to.
`flu-that purify the protein‘,
`
`01: Jlnutrx 25. 19:3. ccaemy Exhibit No. 6. Bates No. 0042-0044. 0047.
`3-
`0050. and 0064).
`I began a refolding exper-lures: using our purified preparations of
`Nth!
`Ind baa?! chaina.
`However. analysis of SDS-polyacrylamide pl alactophoreala
`
`(PAGE) alerted us that by dialyzlng our heavy ehaia into nativa better it became
`
`susceptible to proteolyaia thus compromising the refolding reaction. we found a
`
`means to eliminate the proteua by DEA; chromatography. We also found that
`
`it could
`
`this point we decided to continue our I-abiding experiments
`inhibilw 33‘ PMSP. At
`198
`working with either donaturant-soiubiliaed inclusion body preparations. 9:
`total
`lysatcs. without any further purification. and with PMS? added to the refolding.
`
`buffers andler
`
`to buffer: and to preplrt
`
`lyaatea.
`
`'
`
`I recorded in my notebook the remit: from a
`on February 24. 1983.
`9.
`western blot of an SDS-PAGE gel by Jeanne Perry (Cabilly Exhibit No. 8. Bates Nea.
`
`—
`
`00223-00331).
`
`From this Western him we noted lhl production of heavy and light
`
`_chain protein prooueed in the co-trannfor-mad E.eoll eella.
`Furthennore. we were
`able to estimate the level of their Cxprusioat
`from cell pane which we received fromv
`Mike Mumford (Cabilly Exhibit No. 18. Bates No. 00730). The null: of the Western
`
`blot analysis of the production levels of
`
`irrrmrmoglebulln chains in B.eoli were used
`
`GNE-MED-02017
`
`GNE¥GsKoood342o
`
`GNE-HGS 00082031
`
`GNE-LILLY-BMS 00080764
`
`GNE-REG00080764
`
`2
`2
`
`

`
`DECLARATION OF RONALD WETZEL
`
`to calculate the theoretical maximum eoaaible yield in refolding experiments.
`later
`which in turn was used to calculate *5 yicm.
`10.
`After a number at refolding reactions using E.coii Vmatcxfiai. we decided
`to use the authentic monoclonal. antibody. denatured and dct-iv
`t
`as the 8-
`sulionate. as a substrate for optimization of the refolding conditions.
`According to
`
`¢~J
`
`these conditions a mixture of the irnrnunogiobuiin S-suifonatca were incubated with
`
`rnereaptoathanol and EDTA at pH 8.5 in ccneentratad urea for about
`
`two hour: at 37°C.
`
`then this solution was diaiyzcd against a nitrogen-saturated buffer cenxiating of 0.5
`
`M urea in 0.! M sodium glyvcinate. pH 30.8. 1mM EDT!» Sm)-4 reduced giutathlonco
`
`0.lmM exldiwed giutathiono. and iomhl glycine ethyl ester at 4' C. Reactions were
`
`runner dialyaed against PBS (phoxphare-buttered eaiine) bafere being assayed.
`
`The
`
`Few‘! SEW 8 “M7 Significantly higher than that for an untreated aarnplc (Cabilly
`
`Exhibit No. 6. Bates Nos. 006i. oo‘r7—oo:t).
`
`We then used the above refolding condition: on the E.ceti derived
`11.
`material. Between March 18. 1983 and March 24. 1983. we conducted an experiment
`
`The reaulta show a
`in which CBA-binding activity was generated after refolding.
`refolding yield of 0.7695 starting from a cetnnefomed cellular extract. and a yield of
`
`0.32% starting from a mixture of a heavy chain S-suifonate and the urea-soiubilized ’
`crude extract cf light chain producing cells.
`The value of i580 nglrni
`in the
`cotnneforzned refolding reaction was
`significantly higher
`than the background
`
`levels oi‘ apparent activity obtained from controls of either heavy chain alone (44!
`
`gym!) or
`
`iixht chain alone (108 nglmi):
`
`these latter value: arise from non-xpacifio
`
`binding to CEA in the assay.
`
`‘mi: data shows that heavy chain and light chain
`
`recombine in the retoiding reactiun to genome antigen binding activity (Cabiiiy
`
`Exhibit No. 6. Rate: Not. 0087-0088).
`
`12.
`
`I
`
`further declare that all statements made of my own knowledge are true
`
`and than all statements made on information and belie!‘ am believed to be true: and
`further
`that
`these statements were made with the knowledge lhlt willful flit;
`
`statements and the like so made are punishable by fine or
`under Section 1001 of Title 18 of the United sat
`a.
`
`imprieonneont, or both.
`
`A
`
`
`
` Dated: 2‘? /qw
`
`Ronalti Wctzel
`

`
`GNE-MED-02018
`
`3
`
`GNE—t3SKoood3421
`
`GNE-HGS 00082032
`
`GNE-LILLY-BMS 00080765
`
`GNE—REG00080765

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