In ruling against Genetics Institute's erythropoietin claims, theU.S. Court of Appeals did not give Amgen a complete victory.The court said that the original opinion from the District Courtfailed to consider Amgen's enablement of DNA sequenceanalogs, which are the subject of one of Amgen's patent claims.
The Appeals Court ruled that Amgen has not disclosed how tomake and use enough DNA sequences to justify granting theclaims sought. "There may be many other genetic sequencesthat code EPO-type products. Amgen has told how to make anduse only a few of them and is therefore not entitled to claim allof them," said Wednesday's ruling.
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