Saturday, February 18, 2006

Schatten cites Simerly paper in IDS on 27 Jan 06 in both parent and cip cases

In an interesting development in Hwang-gate, the patent attorney for Gerald Schatten/UPittsburgh/(Magee Womens?) filed an IDS docketed on January 27, 2006 in BOTH the parent and cip cases citing Simerly, Science Direct Dev. Biology, 276, 237-252 (2004). This text came out on Dec. 15, 2004, and includes the statement:

Protocol improvements include the following: enucleation just prior to metaphase-II arrest; extrusion rather than extraction of the meiotic spindle-chromosome complex (SCC); nuclear transfer by electrofusion with simultaneous cytoplast activation; and sequential media.

The interplay between the patent applications of Gerald Schatten and Woo Suk Hwang is destined to become very amusing. Among other things, the PTO and the courts will have to determine whether journal articles which have been retracted [as in the case of Hwang's 2004 and 2005 papers in the journal Science] are available for all they teach, or have become nullities. Separately, the fate of Hwang's patent applications seems up in the air, with SNU possibly seeking withdrawal although Hwang is not wishing withdrawal.

The cip case of Schatten seems to have a new title: "Chimeric Embryo Assays and Methods of Use." The preliminary amendment of November 4, 2005, which canceled claims 56-214 does suggest that these claims might be filed in later cases.

An IDS was filed in the cip case on 3/22/05 and includes numerous references, including Wilmut, 385 Nature 810 (1997) [The Dolly the Sheep paper]

For more on Schatten's cip, see

As an aside, there is an IDS in the cip case on 2/28/05 which belongs to an entirely different case, that of Mark Farabee, Methods of Treating Subterranean Formations, filed 1-11-05.


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