Attached in this file is a summary of the 58 patents in Table 1 explaining why most of these 58 patents require more elements than just producing the DNA sequence. Only 10 of the 58 patents contain composition of matter claims (U.S. Patent Numbers: 6465176, 7125971,
7790448, 8022197, 7935676, 7563601, 6387655, 6384205, 7183404, and 6858718). Additionally, most of these composition of matter claims require more than 300 base pairs. We find it unlikely that claims requiring 300 base pairs would overlaps on a large percentage of genes.
We realize that claim interpretation can never be absolutely precise (due to the inherent limitations of the English language and the law surrounding claim construction). However, the language used in most the 58 patents that the authors rely on is fairly unambiguous.
Table 1
Patent Number Independent
Claims
1 7795422 1
Issues
2
3
4
5
6
7
8017765
7897753
7468248
7220546
6355478
7977472
1
1
1, 22
1
1
1
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Both claims require a nucleic acid same from a bovine subject.
Requires obtaining a biological sample from the trabecular meshwork of a patient. [I note this type of claim might be invalid after the Prometheus case]
This is a composition of matter claim, that is like the Myriad claim, however, it is to a nucleic acid sequence to an amino acid sequence that is 381 amino acids long. So you would need a nucleic acid sequence that is 1143 base pairs long (but it would allow for degenerate codes).
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the

Patent Number Independent
Claims
8
9
8013143
7910725
10 6465176
11 7125971
12 7956178
1, 6
1
1, 7, 10, 11
1, 2
1
Issues sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides. (claim 6 exchanges the 2’-O-methyl-purine nucleotides for 2’-deoxy purine nucleotides)
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claim 1 and 10- requires detecting interactions between RNA binding protein and an RNA molecule.
Claim 7- needs a nucleotide sequence not operative linked to a protein encoding nucleotide sequence to which the nucleotide sequence is naturally linked.
Claim 11- this is a Myriad type composition of matter claim, but is directed to a RNA nucleotide sequence that is 316 base pairs and is directed to an “artificial sequence” (This claim should not be infringed by most diagnostic medicine protocols because (1) it is directed to RNA, (2) it is much more narrow than the 15-mer since this is a 316-mer, and (3) is not directed to a known human sequence)
Claim 1- this is a Myriad type composition of matter claim, but is directed to a RNA nucleotide sequence that is 10155 base pairs and is directed to a “papaya leaf distortion mosaic virus.” A
DNA sequence should not infringe this patent.
Claim 2- this is a Myriad type composition of matter claim, but is directed to a RNA nucleotide sequence that is 10155 base pairs and is directed to a “papaya leaf distortion mosaic virus.”
Although a DNA sequence could infringe this patent, it should not unless you had all 10155 base pairs.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the

Patent Number Independent
Claims
13 7855284
14 7928220
15 8013146
16 7790448
17 8022197
1, 6
1
1
1, 2, 3, 4
1, 2, 5
Issues sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides. (claim 6 exchanges the 2’-O-methyl-purine nucleotides for 2’-deoxy purine nucleotides)
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claims 1-3- this is a Myriad type composition of matter claim, and can be directed to a DNA nucleotide sequences. However, SEQ ID 2 is 6018 base pair and directed to a hepatitis C virus,
SEQ ID 5 is 340 base pair and directed to a hepatitis C virus, and SEQ ID 6 is 241 base pairs and also directed to a hepatitis C virus.
Claim 4- replicon RNA that requires SEQ ID 2, 5 and 6 be put together.
Claim 1 requires SEQ ID 3 (5’ untranslated region), SEQ ID 1 (specific sequences from nucleotides 1-6012)and SEQ ID 4 (3’ untranslated region) be put together in a specific fashion.
SEQ ID 1 = 6264 bp, SEQ ID 3 = 340 bp, and SEQ ID 4 = 241 bp.
Claim 2- RNA replicion comprising sequences of claim 1.
Claim 5- this is a Myriad type composition of matter claim, and can be directed to a RNA nucleotide sequences. However, SEQ ID 7 is 8029 base pair and directed to an artificial sequence JFH2.1 hepatitis C virus.

Patent Number Independent
18 7659103
19 6346611
20 7943757
21 7935676
22 6960709
23 6566343
Claims
1, 3
1
1
1, 3, 5, 17, 18
1, 9
1, 2, 3
Issues
Claim 1- Similar to the 8022197 patent (similar inventors and same assignee). Requires 11 different SEQ IDs be put together to create a replicon RNA.
Claim 3- replicon RNA that comprises SEQ ID 13- RNA sequence is 11,111 base pairs and is an artificial sequence directed to a replicon RNA comprising full-length Hepatitis C virus genomic
RNA derived from a JFH-1 clone.
Claim 1- directed to “non-naturally occurring RNA ligand to TGFb2”. Can be RNA from SEQ ID
21-121 and 128-193. Although these RNA molecules are fairly small, they need to act as a ligand to TGFb2, thus, if the sequence does not act as a ligand, it will most likely not infringe this claim.
Also these sequences are directed to RNA and not DNA.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
All claims are similar to the 8022197 patent(similar inventors and same assignee).
Claim 1- directed to replicon RNA- does not contain any specific DNA or RNA sequences.
Claim 3- You need to piece together many SEQ IDs (including SEQ ID: 9 or 10 and SEQ ID 11 or
12) as well as a selection marker gene or reporter gene, IRES sequence, NS3 protein, NS4A,
NS4B, NS5A, NS5B protein from genomic RNA of JFH-1 strain of hepatitis C virus.
Claim 5- replicon RNA that is a composition of matter claim, but SEQ ID 1 = 8024 bp and is an artificial sequence. SEQ ID 2 = 8024 bp also and is an artificial sequence. (claim also allows for variation of 1-10 nucleotides)
Claim 17- RNA of SEQ ID 1 (8024 bp) with specific mutations.
Claim 18- claims SEQ ID 1 = 8024 bp.
Claim 1- requires seeds with need 70% homology to SEQ ID 1 (921 base pairs directed to RNA directed to alpha-zein plant seed storage protein) or 90% homology to SEQ ID 2 (1364 base pairs directed to RNA directed to alpha-zein plant seed storage protein), and need promoter and need inhibition of expression of seed storage protein and increase in starch extractability of seed. Will not infringe this patent without generating seed.
Claim 9- method of obtain seed of claim 1. Will not infringe this patent without generating seed.
Claim 1- Need to treat complement system-mediated disease by administering SEQ ID to

Patent Number Independent
24 7893248
25 6468983
26 6498025
27 7915400
28 6783977
Claims
1
1, 12, 19
1, 17, 24, 32, 41,
45, 50, 52, 53, 54
1
1, 15, 17
Issues patient. Need pharmaceutically effective amount of nucleic acid ligand.
Claim 2- No specific sequence required. Method of treating disease patent.
Claim 3- method of killing tumor cells, but no SEQ IDs needed.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claim 1-requires antisense oligo with hydroxyl at first end and a predicted open loop structure, a linker and an activator of RNase L attached to the linker.
Claim 12- method of treating telomerase-expressing malignant disease. Requires administration of oligonucleotide complementary to a portion of human telomerase RNA, linker and activator of RNaseL.
Claim 19- method of inhibiting growth of a telomerase expressing malignant cell requiring administration of an activator of antisense complex- oligonucleotide complementary to an open loop, linker, activator of RNaseL and pharmaceutically acceptable carrier in a concentration effective to inhibit telomerase activity.
Claim 1- method for synthesizing complementary DNA copy of RNA template- requires- primer for reverse transcriptase enzyme and anneals in vivo to RNA template molecule at a position other than a naturally occurring retroviral primer binding site, providing at least one reverse transcriptase enzyme, introducing polynucleotide into a viable target cell, incubating target cell under conditions which permit synthesis of DNA. (no specific SEQ ID mentioned)
Claims 17, 24, 32, 41, 45, 50, 52, 53 and 53- all independent claims do not mention specific SEQ
IDs. Independent claims are similar to claim 1.
Specific SEQ IDs are mentioned in dependent claims, but all dependent claims require more than the composition of matter.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claim 1- requires a vector requiring: nucleotide sequence isolated from 5’ end of genomic RNA

Patent Number Independent
Claims
29 6974575
30 7563601
31 7897757
32 7344722
33 7250289
34 7399752
35 6544959
1
1, 5
1
1, 6
1
1-7, 12, 17
1
Issues of an avian reticuloendotheliosis virus (REV-A). Sequence requires at least nucleotides 452-578 of SEQ ID 2. (approximately 126 base pairs, can be either DNA or RNA)
Claim 15- method for providing IRES to a vector comprising introducing at least nucleotides 452-
578 of SEQ ID 2. (approximately 126 base pairs, can be either DNA or RNA).
Claim 17- method of allowing or activating encapsidation of retrovirus or retroviral vector comprising introducing at least nucleotides 265-578 of SEQ ID 2. (approximately 314 base pairs, can be either DNA or RNA).
Claim 1- requires genome generated by substituting a portion of a type I BVD virus. (no sequences mentioned in independent claims)
Dependent claim 2 mentions SEQ ID 10 = 12572 base pairs of an RNA directed to an artificial sequence to hybrid BVD virus NADL890.
Claim 1- composition of matter claim directed to SEQ ID 6 = 52 base pair artificial chemically synthesized riboswitch. This is a fairly broad claim (not as broad as the 15-mer mentioned in the
Myriad patent, but this is a 52-mer)
Claim 5- does not mention any specific SEQ IDs.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides. (claim 5 exchanges the 2’-O-methyl-purine nucleotides for 2’-deoxy purine nucleotides)
Claim 1- requires a reassortant influenza A viron with polynucleotide coding for protein HA, NA,
PB1, PA, M, and PB2 (PB2 = SEQ ID 15) and all operatively linked to packaging of the reasserted polynucleotides into a viron.
Claim 6- same as claim 1, but PB2 has cytosine at nucleotide 1933 of SEQ ID 15 for PB2.
Claim 1- Array of nucleic acid probes requiring SEQ ID 1-982,914. Very narrow claim if requires all 982,914 nucleic acid probes.
Claims 1-7, 12 and 17- all claims require step of contacting nucleic acid ligand to another protein
(L-selectin, P-selectin, etc.) (wherein nucleic acid ligand is selected from SEQ IDs).
Claim 1- requires administration of a pharmaceutically effective amount of nucleic acid ligand to a lectin. (no SEQ IDs in independent claim). You have to administer pharmaceutically effective amount to a host.

Patent Number Independent
Claims
36 7812001 1
37 7341835 1
38 H002191
39 7314750 x
1
40 7897752 1
41 6387655
42 7374927
43 7510834
44 6384205
45 7183404
1, 17
1
1
1
1, 4, 6
Issues
Claim 1- modulation of coagulation pathway factor VII or VIIa comprising administration to a host an effective amount of a RNA aptamer selected from SEQ ID 39-47 and 74-101 and truncates. You have to administer to a host.
Similar to 7250289 (different inventors but same assignee)
Requires plurality of nucleic acid probes, each probe consists of SEQ ID 1-991,174. Very narrow claim if requires all 991,174 nucleic acid probes.
This is a “Statutory Invention Registration” (SIR) and not a patent. There are no exclusionary legal rights given to the holder of a SIR.
Similar to 7250289 (different inventors but same assignee)
Requires plurality of nucleic acid probes, each probe consists of SEQ ID 1-699,466. Very narrow claim if requires all 699,466 nucleic acid probes
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claim 1- composition of matter claim that requires nucleic acid sequence comprising SEQ ID 2
(879 amino acids = 2,637 base pairs including degenerate sequences).
Claim 17- method for producing mGlur3 comprising- expressing SEQ ID 1 (2637 base pairs) in host cell and purifying recombinant protein.
Similar to 7250289 (different inventors but same assignee)
Requires plurality of nucleic acid probes, each probe consists of SEQ ID 1-673,904. Very narrow claim if requires all 673,904 nucleic acid probes.
Claim 1- method of identifying DNA sequence fragment comprising a microsatellite comprising: selecting combination of DNA sequences of SEQ ID 1-27088, collecting DNA samples, performing PCR, analyzing alleles of the microsatellite genetic polymorphism markers, statistically comparing allele frequencies. This is a general gene mapping method. Does not claim specific composition of matter claims, but may hinder general diagnostic methods. May be invalid due to Prometheus type claim.
Claim 1- composition of matter claim that requires nucleic acid sequence comprising SEQ ID 2
(912 amino acids = 2,736 base pairs including degenerate sequences).
Claim 1- composition of matter claim that comprises SEQ ID 3 (391 amino acid = 1,173 base

Patent Number Independent
Claims
46 6607879
47 H002070
48 8017761
49 7867704
50 7923549
51 7470512
52 6673549
53 7977087
1
X
1
1, 21
1
1
1
1
Issues pairs including degenerate sequences)
Claim 4- vector comprising SEQ ID 3 and a promoter
Claim 6- method of making expression construct comprising inserting SEQ 1 (1320 bp) or SEQ ID
2 (1320 bp) in plasmid with promoter to control expression.
Array type technology.
Requires plurality of cDNA to detect altered expression of genes in an immunological response.
Plurality of cDNAs comprise SEQ ID 1-1508. Very narrow claim if requires all 1508 nucleic acid probes.
This is a “Statutory Invention Registration” (SIR) and not a patent. There are no exclusionary legal rights given to the holder of a SIR.
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Claim 1- method for detecting M. paratuberculosis comprising contacting biological sample with isolated nucleic acid molecule with 75% sequence identity to an aligned portion of SEQ ID 1355
(4830849 bp)
Claims require chemical modification, including (1) a plurality of pyrimidine nucleotides in the sense strand are 2’-deoxy-2-fluoro pyrimidine nucleotides, and a (2) plurality of pyrimidine nucleotides preset in the anti-sense strand are 2’-deoxy-2’-fluoro pyrimidine nucleotides and a plurality of purine nucleotides preset in the antisense strand are 2’-O-methyl-purine nucleotides.
Probe used to determine presence of HPV type 16. Probe comprises up to 100 bases in length a consists of a first target binding region having no more than 10% base difference with SEQ ID 6
= 28 bp, SEQ ID 7 = 28 bp and SEQ ID 8 = 28 bp. Probe forms a target duplex with HPV type 16 but not HPV type 18.
Claim 1- requires many cDNAs (over 100) that are differentially express in response to steroid treatment. These consist of the specific nucleic acid sequences (not comprise).
Claim 1- gene detection instrument for detecting genome of Triticeae species comprising support on which there are at least 50 polynucleotides selected from partial base sequences of polynucleotides with partial base sequences of DNA of barley, or polynucleotides in which DNA

Patent Number Independent
Claims
54 6294328 1
55 6500938
56 6858718
57 H002071
58 7321830
1
1, 2, 3
X
1, 12
Issues of barley joined to non-continuous base pairs, polynucleotides with SEQ 1-5780.
Claim 1- method of evaluating strain variation of M. tuberculosis. No specific SEQ IDs are mentioned in independent claim.
Dependent claims 3 and 4 require SEQ ID 1 (4411529 bp) and SEQ ID 2 (4403765 bp) to show difference between M. tuberculosis strains (either CDC 1551 or H37Rv).
Requires a plurality of polynucleotide probes, wherein said plurality of probes are SEQ ID 1-
1490. Very narrow claim if requires all 1490 nucleic acid probes.
Claim 1- composition claim to SEQ ID 2 (DNA of 5208 bp to Chlamydomonas rheinhardtii)
Claim 2- composition claim to SEQ ID 8 (RNA of 2399 bp to Chlamydomonas rheinhardtii)
Claim 3- composition claim to SEQ ID 5 (497 amino acids = 1491 bp to Chlamydomonas rheinhardtii)
This is a “Statutory Invention Registration” (SIR) and not a patent. There are no exclusionary legal rights given to the holder of a SIR.
Claim 1 and 12- computer system comprising processor and computer readable storage medium storing executable instructions to perform the steps: (i) comparing expression profile of two or more nucleic acid sequences of SEQ ID 1-1124 in test sample as compared to control sample from individuals diagnosed with benign prostatic hyperplasia (BPH) and (ii) identifying the presence or absence of BPH in subject wherein differential expression of said two or more nucleic acid sequences in test sample is indicative of BPH. This claim may be invalid after
Prometheus.