Extract to table

The remaining 5 genes do not appear to correspond directly to genes in Table 1, although further analysis is required to determine whether any of these genes are alternative designations, splice variants, or functional equivalents of genes in the predefined set

The extent to which this integration involves a mathematical combination of the genomic and clinical data (as opposed to mere juxtaposition of these data points in a report) is a factual question that must be resolved through discovery

Nonetheless, we must acknowledge that this is a close question, and the court could reasonably read the prosecution history either way

Helios's Anticipated Proposed Construction Based on the August 4, 2025 exchange, Helios proposes the following construction: "Measuring expression levels of a panel consisting of at least 22 genes, all of which must be selected from the specific gene set defined in Table 1 of the '271 Patent specification

First, Helios uses the word "all," emphasizing that every one of the 22 required genes must come from Table 1, with no room for functional equivalents or genes identified elsewhere in the specification

expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment