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`39
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
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`.
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`‘
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`Interference No.
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`102.572
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`Examiner-in-Chief
`Mary F- Downer
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`)
`)
`
`) )
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`>
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`Cabilly et al
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`v.
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`Boss cl al
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`1.
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`1. William Holmes- declare and state that
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`I am a citizen of the United
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`States residing in Pacifica. California. My Curriculum Vitae is attached as Cabilly
`Exhibit No. 10.
`I am a co-inventor of United States Patent 4.816.561 entitled
`
`lmmunoglobulin Preparations".
`"Recombinant
`Inc.. which is 1063*“ at 450 PL 5311
`I have been ‘employed at Genentech.
`2.
`Bruno Blvd.. South San Francisco. California 94080 from August 2. 1979 to January 4.
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`1985 and from June 1. 1987 to the present. My present position is that of Scientist.
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`3.
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`I was approached by Herb Heyneker to participate in a project.
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`to
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`express antibodies directed against human carcinoembryonic antigen (CEA)
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`in E.eoli.
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`'
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`I started working on this project on July 12. 1982 (Cabilly Exhibit No. 11. 38165 NO-
`00941).
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`4.
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`I received a sample of polyA mRNA from The City of Hope which had
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`been isolated from the hybridoma cell
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`line CEA.66-E3.
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`This cell
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`line produces an anti-
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`From this rnRNA sample I prepared a CDNA which was then
`CEA antibody.
`incorporated into plasmids to make an E.coli colony library (Cabilly Exhibit
`Bates No. 00941, and Cabilly Exhibit No. 20, Rates No. 00989).
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`lxlo.
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`ll.
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`inoculated colonies from the CEA.66-E6 CDNA into mierotiter plates
`I
`5.
`containing media (Cabilly Exhibit No.
`ll. Bates No. 0094]).
`These cultures iwere
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`stamped onto agar plates and allowed to grow.
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`The colonies were then transferred to
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`duplicate sets of nitrocellulose filters by Michael Rey (a laboratory technician in Dr.
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`Heynekcrs lab)
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`transferred to agar plates and allowed to reg:-ow (Cabilly Exhibit No.
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`15. Bates No. 00502). Mr. Rey also lysed the colonies on each of these filters and
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`GNE-MED-02027
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`GNE§GSKO0O03430
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`MERCK v. GENENTECH
`MERCK V. GENENTECH
`IPR2016-01373
`GENENTECH 2025
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`G”E""G5 °°°32°‘“
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`GNE-LILLY-BMS 00080774
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`GNE-REG00080774
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`DECLARATION 0}? WILLIAM HOLMES
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`[.0 VJ
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`subsequent PAGE purification.
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`I
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`then ligated these fragments.
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`transformed the
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`ligation reaction into E.coli. and analyzed the resultant colonies by restriction
`analysis to confit-tn pGammaC’EAtrp20'7-1* (Cabilly Exhibit No. 13. Bates Nos. 00881.
`00882 and 00876).
`'
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`20.
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`Shmucl Cabilly carried out
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`reactions to construct
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`the E-‘AB expression
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`plasmid pGammaCEAFABtip207-1" (Cabilly Exhibit No. 20. Bates No. 00975-00976. and
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`00982-00985). Michael Rey, Shmuel Cabilly and I analyzed several
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`tetracycline
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`resistant
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`transformants from the pGarnmaCEAFABtrp207~1“'
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`ligation by restriction
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`cleavage analysis and sequencing (Cahilly Exhibit No. 13. Bates Nos.V0O885-008-87. and
`00889; Cabilly Exhibit No. 15, Bates Nos. 00541. 00543‘. and 00544. and Cahilly Exhibit No.
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`20. Bates Nos. 00986-00987).
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`further declare that all Statements made of my own knowledge are true
`I
`21.
`and that all statements made on information and belief are believed to be true; and
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`further
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`that
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`these statements were made with the knowledge that willful
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`false
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`statements and the like so made are punishable by fine or imprisonment. or both.
`under Section 1001 of Title 18 of the United States Code.
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`GNE-MED-02030
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`A GNE-'GSKoooo‘3433
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`GNE-HGS 00082044
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`GNE-LILLY-BMS 00080777
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`GNE-REG00080777