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Enzo Named Senior Party in Interference for Patent on Basic DNA Gel Sequencing Technology.


Action Involves DNA Sequencing Patent Held by Cal Tech and Licensed to ABI Abi (ā`bī) [short for Abijah], in the Bible, King Hezekiah's mother.


(Application Binary Interface) A specification for a specific hardware platform combined with the operating system.
 

NEW YORK New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 -- Enzo Biochem, Inc. (NYSE NYSE

See: New York Stock Exchange
:ENZ) ("Enzo") announced today that the United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property  has declared a patent interference between an allowed patent application of its subsidiary, Enzo Life Sciences, Inc., and a patent held by California Institute of Technology California Institute of Technology, at Pasadena, Calif.; originally for men, became coeducational in 1970; founded 1891 as Throop Polytechnic Institute; called Throop College of Technology, 1913–20.  ("Cal Tech") and licensed exclusively to Applied Biosystems, Inc., a division of Applera Corporation (NYSE:ABI). The technology involves gel sequencing, which is the primary technique for sequencing DNA DNA: see nucleic acid.
DNA
 or deoxyribonucleic acid

One of two types of nucleic acid (the other is RNA); a complex organic compound found in all living cells and many viruses. It is the chemical substance of genes.
.

An interference is a proceeding brought before the U.S. Board of Patent Appeals and Interferences The Board of Patent Appeals and Interferences (BPAI) is a body of the United States Patent and Trademark Office (USPTO), which decides issues of patentability. If an applicant for an invention cannot convince a patent examiner that they are entitled to their claims, then the  when a patent and an allowed patent application claim essentially the same invention. The purpose of the proceeding is to determine who is the first inventor and which party owns the patent rights to the invention. Enzo was declared the senior party in this interference because its original application predates by over a year Cal Tech's original application. Cal Tech's U.S. Patent No. 5,821,058 is named in the interference and was issued in 1998.

This is a very significant development according to Hunton & Williams, counsel for Enzo, because it will decide who owns the rights to DNA gel sequencing.

"We at Enzo are pleased to be recognized once again for our long term pioneering advances in the genomics field," said Elazar Rabbani, PhD., CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  and Chairman of Enzo Biochem, Inc. "Over the past year, we have successfully obtained significant intellectual property in the form of patents covering microarray technology and DNA labeling, as well as recognition for our priority claims in signal enhancement and isothermal i·so·ther·mal
adj.
Of, relating to, or indicating equal or constant temperatures.



isothermal, isothermic

having the same temperature.
 amplification. These developments acknowledge Enzo's leadership position in conceiving, developing and applying fundamental technologies in life sciences," Dr. Rabbani continued.

As a widely used, fundamental tool of molecular biology molecular biology, scientific study of the molecular basis of life processes, including cellular respiration, excretion, and reproduction. The term molecular biology was coined in 1938 by Warren Weaver, then director of the natural sciences program at the Rockefeller , DNA sequencing is the process by which the order of nucleotides in DNA is determined. The technology, in line with Enzo's patent application, involves separation of labeled DNA fragments, which can then be detected to determine their sequences. Through the power of gel-based DNA sequencing, over 20,000 genes were identified and the 3 billion chemical base pairs that make up human DNA were sequenced during the 13-year U.S. Human Genome Project. Knowledge of these genes and sequences led to critical understandings of the innermost workings in biology and cellular machinery.

Gel sequencing is also providing tremendous insights into the molecular basis for many genetic diseases, while at the same time contributing importantly to enormous developments in both diagnostics and therapeutics. DNA sequencing has more recently been applied to molecular diagnostics, forensics and biosecurity.

According to industry statistics, sales of products related to DNA sequencing exceed $5 billion per year. "While product and instrument sales in this market are substantial, we estimate that this figure is significantly higher when including diagnostic and therapeutic applications of the technology," added Dr. Rabbani.

In an action commenced in 2004, Enzo sued Applera Corp. (which includes ABI and Celera Genomics), and Tropix, Inc., in Federal district court in New Haven, CT alleging infringement of six patents owned or licensed exclusively to Enzo Life Sciences, Inc. On October 12, 2006, the Federal Judge overseeing the Connecticut case issued a Markman ruling in adopting substantially all of Enzo's position on key patent terms.

About Enzo

Enzo Biochem and its subsidiaries (the Company) are engaged in the research, development and manufacture of innovative health care products based on molecular biology and genetic engineering techniques, and in providing diagnostic services diagnostic services,
n.pl the imaging and laboratory capabilities available for determining the cause of an illness.
 to the medical community. The Company's proprietary labeling and detection products for gene sequencing and genetic analysis are sold to the life sciences market throughout the world. The Company's therapeutic division is in various stages of clinical evaluation clinical evaluation Medtalk An evaluation of whether a Pt has symptoms of a disease, is responding to treatment, or is having adverse reactions to therapy  of its proprietary gene medicine for HIV-1 infection and its proprietary immune regulation medicines for hepatitis, uveitis uveitis

Inflammation of the uvea, the middle coat of the eyeball. Anterior uveitis, involving the iris or ciliary body (containing the muscle that adjusts the lens) or both, can lead to glaucoma and blindness.
, Crohn's disease, and for NASH Nash   , Ogden 1902-1971.

American writer known for his droll epigrammatic verse, much of which appeared in the New Yorker.

Noun 1. Nash - United States writer noted for his droll epigrams (1902-1971)
Ogden Nash
 and its associated metabolic syndrome. Pre-clinical research is being conducted on several candidate compounds aimed at producing new mineral and organic bone, including technology that could provide therapy for osteoporosis and fractures, among other applications. The Company also holds a patent covering a method and materials for correcting point mutations or small insertions or deletions of genetic material that would allow for editing and correcting certain abnormalities in genes. The Company owns or licenses over 200 patents worldwide. For more information visit our website www.enzo.com.

Except for historical information, the matters discussed in this news release may be considered "forward-looking" statements within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. Such statements include declarations regarding the intent, belief or current expectations of the Company and its management. Investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve a number of risks and uncertainties that could materially affect actual results. The Company disclaims any obligations to update any forward-looking statement as a result of developments occurring after the date of this press release.
COPYRIGHT 2006 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Nov 16, 2006
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