Born Dec 18, 1944 - [HL0075][GDrive]
Parents -
Siblings include - Dr. Steve Richard Pieczenik (born 1943)
Dr. Norton David Zinder (born 1928) - ( [Dr. Norton David Zinder (born 1928] worked with [Dr. George Pieczenik (born 1944)]'s [ sources below ])
( Cold Spring Harbor Laboratory, Zinder colleciton inventory : [HI00B4][GDrive] ) : "1989 publication; 1975 National Cancer Advisory Bd reorganization of the Virus Cancer Program re Zinder Committee; 2000 AAAS Annual Meeting Biological Weapons; NRC Catharine Little; "
[Housatonic note: I had made note in the past that George Pieczenik was mentored by Norton Zinder, but I cannot find any convincing archived evidence to prove that. There is only evidence of collaboration.]
[Dr. Sydney Brenner (born 1927)] ( ... "Brenner also proposed the concept of a messenger RNA ... Brenner, with George Pieczenik, created the first computer matrix analysis of nucleic acids using TRAC")
[Dr Anthony Stephen Fauci (born 1940)] ( 1992 Spin Magazine / [HP006M][GDrive] - "For now, [George Pieczenik]' initial trials have not been expanded as a courtesy to NIH officials who have a asked for more time to understand the work. There is however, at least a first glimmer of interest in Pieczenik's work by the establishment: [Dr Anthony Stephen Fauci (born 1940)], head of the National Institute for Allergy and infectious Disease and a member of the U.S. AIDS Commission, asked Pieczenik to speak in Washington last January." )
Dr. Ruth Nussinov (born 1946) ( ... )
...
https://www.scribd.com/doc/111595530/Infectious-AIDS-have-we-been-misled
"i) Long-term survivors or "non-progressors. " Persons infected by HN for more than the 10-year-latent-period-from-HIV-to-AIDS who are studied by HN researchers are termed long-term survivors and more recently "non-progressors" (Scolaro, Durham and Pieczenik, 199 1 ; Learmont et a!., 1 992; Cao et a!., 1 995). David Ho et al. recently gave a key to long-term survival, "none had received antiretroviral therapy" (Cao et a!., 1995). Likewise Alvaro Munoz reported that not one of the long-term survivors of the largest federally funded study of male homosexuals at risk for AIDS, the MACS study, had used AZT (Munoz, 1995). And several survey studies document that in addition to abstaining from antiviral drugs long-term survivors are those who have given up or never taken recreational drugs (Wells, 1993; Gavzer, 1995; RootBernstein, 1995b). "
Dr. George Pieczenik
See below :(FRONT) Dr. Srul D. Pieczenick, American Medical Association Record Card (passing noted in November 1967)
[HN01M5][GDrive] : [Dr. Srul D. Pieczenik was] a graduate of "the medical school at the University of Toulouse, France"
Vessel : https://en.wikipedia.org/wiki/RMS_Queen_Mary
See [HK0079][GDrive] : "After living in Toulouse for six years, Pieczenik's family migrated to the United States, where they settled in the Harlem area of New York City."
See below :(FRONT) Dr. Srul D. Pieczenick, American Medical Association Record Card (passing noted in November 1967)
Traveling with : https://en.wikipedia.org/wiki/Hans_Zellweger
360 riverside is only 0.5 miles form 450 Riverside, which is where Donald Barr (born 1921) was living
1954-07-12-ancestry-com-immigration-naturalization-imusany1824-2157-00218.jpg
Name: Srul Duwid Pieczenik
Birth Date: 15 Mar 1912 ( Age: 42 )
Naturalization Date: 12 Jul 1954
Residence : 360 Riverside Drive, New York City, New York
Title and Location of Court: New York Southern District
Brother/uncle may have been this person : "Leib Pieczenik" (here spelled as Leon) - https://digital.bentley.umich.edu/djnews/djn.2001.08.17.001/127
Note "Gustave L. Levy" in second image :
1) "This is a sound recording of a memorial service held for Gustave L. Levy, who died on November 3, 1976. Levy was Chairman of the Mount Sinai Boards of Trustees from 1962-1976" " Gustave Lehmann Levy became a trustee of The Mount Sinai Hospital in 1960" ,,"He became a partner at Goldman, Sachs and Company in 1946 and was still with that firm at his death. " ( https://icahn.mssm.edu/about/ait/archives/oral-history/events/levy-memorial )
Corpus ID: 85179267
G. Pieczenik, B. Barrell, M. Gefter
Archives of Biochemistry and Biophysics
Abstract A species of low molecular weight RNA (M 3 ) which is produced in bacteriophage φ80-infected Escherichia coli has been isolated and characterized. M 3 appears immediately after infection and its synthesis continues until lysis. This RNA is unstable; its mean half-life is 13.5 min. The structural gene for M 3 is localized on the φ80 genome to the right of the exonuclease locus and to the left of gene Q. The complete nucleotide sequence of M 3 has been determined. It is 62 nucleotides in length. The 5′ end begins with pppGp and the 3′ terminus is C-U-U-U-U-U-A-A OH . The sequence and sensitivity to ribonuclease digestion suggests a highly double-stranded structure for M 3 . Collapse
The author (who sounds like brotherpie) notes de Gaulle, which is interesting because their father fought with the Free France Army.
G. PIECZENIK, K. HORIUCHI, P. MODEL, C. MCGILL, B. J. MAZUR, G. F. VOVIS & N. D. ZINDER
Nature volume 253, pages 131–132 (1975)Cite this article / PDF Source : [HP006R][GDrive]
Abstract : " WE have tested the assumption that the messenger RNA sequence is uniquely determined by the DNA sequence complementary to it. Because RNA is usually transcribed from a DNA duplex, there is the possibility that the DNA strand that is not complementary to the mRNA influences the RNA base selection. This possibility exists in models that postulate like-with-like base pairs1–3, triple helix models of DNA-DNA-RNA4, triple base interactions such as those described in tRNA5, and models in which RNA polymerase may confer a special type of specificity (non-Watson–Crick) to RNA base–DNA duplex interactions, as well as in experiments in which separated are compared with non-separated strands6–7."
Received 22 August 1974 / Issue Date 10 January 1975
[...]
While doing this research it became apparent that secondary structure stems disrupted only by bulges and other interior loops could be detected by the dynamic programming comparison of an RNA sequence with a reversed copy of itself, with negative costs for base pairing and positive costs for 2-loop formation. Trying to incorporate multiple loops into this methodology was somewhat trickier, and I devised an iterative algorithm which produced, on the first pass, only 0-branchings, namely stems alternating with 2-loops. On the second pass, it could add several such stems branching off a main stem, producing I -branchings, and so on. Eventually, any secondary structure could be found. I gave a talk on this at the Numerical Taxonomy meetings in Kansas in the fall of 1976 and had a summer student, Nguyen Bach Hue, implement it in a computer program. The method turned out to be very dependent on the crude energy estimates available at the time and produced rather bizarre structures, so at the end of the summer I put the project on the shelf. A year or two later I came across Michael Waterman's papers (Waterman, 1978; Waterman and Smith, 1978) on this topic, in which, following a query of Charles Delisi, the combinatorics of folding and the same type of iterative algorithm I had been experimenting with were already rigorously developed and indeed had been announced in a 1975 Los Alamos technical report.
During this time Mark Kac invited me to give a talk at Rockefeller University and I spoke about my approach to folding. George Pieczenik, a biochemist and former Rockefeller post-doc, was present and showed a great deal of interest in the subject. He had previously worked with Sydney Brenner at Cambridge on pattern recognition in sequences. I cannot recall the details of our discussion, but he may have been insisting on the possibility of a single-pass algorithm instead of the iterative approach. A year or so later the basic idea of a single-pass dynamic programming algorithm was published by Ruth Nussinov, Pieczenik, Jerrold Griggs and Daniel Kleitman (Nussinov et al., 1978). Nussinov was a graduate student working with Pieczenik; they had gotten in touch with Kleitman, and Mark Kac encouraged the resulting collaboration. I have since learned from Griggs, who was Kleitman's student, that experience with dynamic programming in another context, modeling shortest time turns of supersonic aircraft, led him to try it on the folding problem with multiple loops (Griggs, 1977). Certainly I had never thought of this solution, and did not think of it after my meeting Pieczenik. Nevertheless it is interesting that once again this interaction took place under the aegis of Mark Kac, and re-stimulated my interest in secondary structure (Sankoff et al., 1983; Zuker and Sankoff, 1984; Sankoff, 1985; Ferretti and Sankoff, 1989). Michael Zuker of the National Research Council of Canada wrote a very effective and widely disseminated program based on the Nussinov et al. principles (Zuker and Stiegler, 1981), later versions of which are still in use around the world.
[...]
1977-03-24-the-philadelphia-daily-news-pg-46-clip-new-evolution
https://www.newspapers.com/image/185358263/?terms=%22pieczenik%22&match=1
https://newspaperarchive.com/bucks-county-courier-times-mar-24-1977-p-30/
1977-03-24-bucks-county-courier-times-pennsylvania-pg-b-30-clip-darwin
https://www.newspapers.com/image/316590600/?terms=%22pieczenik%22&match=1
1977-04-07-the-central-new-jersey-home-news-pg-15-clip-dna
https://www.newspapers.com/image/316590679
1977-04-07-the-central-new-jersey-home-news-pg-24-clip-dna
Source : Source: Isis, Vol. 102, No. 1 (March 2011), pp. 60-96, Article By Bruno J. Strasser -"The Experimenter's Museum: GenBank, Natural History, and the Moral Economies of Biomedicine" (Source PDF captured here : [HP006Y][GDrive] )
Published by: The University of Chicago Press on behalf of The History of Science Society NOTE : Isis is a quarterly peer-reviewed academic journal published by the University of Chicago Press.
This is captured in a full book by Bruno Strasser : Also see : can be found in Human Genome Project
[...]
In the natural history tradition, collections have been created for a number of different reasons, but one of them has been particularly enduring: the reaction to a perceived “information overload.” In the sixteenth century, for example, the expansion of European travel led to the accumulation throughout the continent of previously unknown specimens and to the rise of natural history collections.13 Collections were a practical means to bring order to a burgeoning diversity of natural forms. They made possible the immediate comparison of widely different organisms for the purpose of identifying individual specimens, producing general knowledge about organisms, or even ultimately making sense of the Creator’s plan.14 Finally, collections were often created by patrons or nation-states as displays of power and wealth; early modern wonder cabinets and nineteenth-century natural history museums attest to this clearly.
Footnote 15: On early modern collections see Paula Findlen, Possessing Nature: Museums, Collecting, and Scientific Culture in Early Modern Italy (Berkeley: Univ. California Press, 1994).
The impetus for the creation of GenBank in 1982 was parallel to that for the founding of so many natural history collections. It was a reaction to a perceived “information overload,” augmented by a new recognition of the scientific promise of the knowledge such a database would contain and the potential for individual and institutional prestige that would accompany its development. In the preceding decade, a number of key scientific and technological developments had radically transformed the intellectual landscape in the field of DNA sequences. But before DNA sequences became the main focus of attention, protein sequences held center stage. In 1953, after several years of painstaking effort, the British biochemist Frederick Sanger, working at the University of Cambridge, had succeeded in determining the first sequence of a protein, insulin, an achievement for which he was awarded his first Nobel Prize five years later.16 In the following decade, the number of known protein sequences grew slowly—until the development of the automatic sequencer in 1967 enabled the number of known sequences to increase “explosively,” as scientists frequently observed. By the end of the decade, that number reached into the hundreds.
Footnote 17: For one reference to the “explosive” growth of known sequences see M. O. Dayhoff to C. Berkley, 27 Feb. 1967, Archives of the National Biomedical Research Foundation, Georgetown, Washington, D.C. (hereafter cited as NBRF Archives). The archives, currently unsorted, are being processed at the National Library of Medicine; no further location information can be provided. For known protein sequences at the end of the decade see Margaret O. Dayhoff, Atlas of Protein Sequence and Structure (Silver Spring, Md.: National Biomedical Research Foundation, 1969).
Sequencing long stretches of DNA, on the other hand, remained technically impossible until 1975.18 That year, Sanger devised a method that made DNA sequencing relatively easy; two years later, the American molecular biologists Allan M. Maxam and Walter Gilbert at Harvard devised a second such method (Sanger and Gilbert received the Nobel Prize for their sequencing methods in 1980).19 As a result, the number of known DNA sequences began to climb exponentially, leading to the feeling among molecular biologists that they would soon be overwhelmed by new DNA sequence data. In 1976 fewer than ten papers reporting nucleic acid sequences were published; in 1979 there were more than a hundred.20 The bulk of known sequences began to shift from proteins to DNA, and it seemed clear that the number of DNA sequences would continue to grow at an increasing rate. One contemporary observer was particularly struck by the exponential rise in sequence data: the historian of science Derek J. de Solla Price. His 1963 Little Science, Big Science built on the observation that scientific knowledge, as measured by the number of published papers, was growing exponentially. So when he read in Science that DNA sequences were accumulating at a rate of 15 percent per month—more than any of his earlier estimates— he explored the matter further with one of the sequence data collectors, who acknowledged that this rise was indeed “extraordinary in the history of science.”21
The significance of molecular sequences had also undergone a radical transformation in the 1970s. Originally, they were themselves considered objects of scientific interest, and their determination represented demonstrations of experimental virtuosity. However, as\ sequencing methods became increasingly automated, the sequences came to be considered highly prized pieces of data, used to draw new biological conclusions or new hypotheses that would then be explored experimentally.
The greatest excitement about DNA sequences focused on the structure and function of genes. Whereas the function of a protein was always known before its sequence was determined, the new methods for sequencing DNA produced vast amounts of data that at first seemed meaningless. However, if the sequence of a DNA fragment could be matched against another sequence—from another organism, for example—it could be inferred that the two sequences probably had similar functions, provided that they were of common evolutionary origin (homologous). The first result of such an approach, indicating that the DNA sequences of two virus proteins were similar, was published in 1978. Furthermore, comparisons between numerous sequences could show the presence of some common pattern, suggesting that it might have a functional role. The discovery in 1977 that genes were often composed of subunits (“introns” and “exons”) and surrounded by several functional elements, such as “TATA boxes,” also raised much interest in the analysis and comparison of large numbers of DNA sequences.
In short, a comprehensive database of DNA sequences seemed indispensable for making sense of the abundant new data that was being produced. As two molecular biologists would put it soon after, “the rate limiting step in the process of nucleic acid sequencing is now shifting from data acquisition towards the organization and analysis of that data.”
Footnote 23: Thomas R. Gingeras and Richard J. Roberts, “Steps toward Computer Analysis of Nucleotide Sequences,” Science, 1980, 209:1322–1328.
These achievements and concerns converged in March 1979 in a crucial meeting at the Rockefeller University in New York City, which resulted in the first call from the scientific community for the creation of a centralized sequence database. This meeting was convened by the molecular biologists Carl W. Anderson, Robert Pollack, and Norton Zinder to “discuss ways to collect, verify and make available to the world wide scientific community nucleic acid sequence information.”24
Footnote 24: Anderson to Dayhoff, 9 Jan. 1979, NBRF Archives. The meeting also had a more local agenda—namely, to assess the possibility of establishing a “centralized computer facility” to collect and analyze nucleic acid sequences at the Rockefeller University. See “Report to the National Science Foundation,” attached to Anderson to Lewis, 14 Nov. 1980, NBRF Archives; and Bruno J. Strasser interview with Norton Zinder, Rockefeller University, 10 Feb. 2006.
The organizers explained the necessity of such a gathering by pointing to the “rapidly increasing rate” of DNA sequences and the “wide range of biological questions that can be asked using a sequence data base."
Footnote 25: Anderson to Dayhoff, 9 Jan. 1979. The terms “data base,” “data bank,” and “data library” were often used interchangeably by the historical actors.
Attendees included representatives from the European Molecular Biology Laboratory (EMBL), the National Institutes of Health Division of Research Resources (DRR), and the National Science Foundation (NSF), which sponsored the meeting. Among the participants were more than thirty scientists with special expertise in the field of computers applied to the life sciences, in the management of biomedical databases, or in molecular biology.
Footnote 26: C. W. Anderson, “Report to the National Science Foundation,” 14 Nov. 1980, Appendix II, NBRF Archives. The participants were C. W. Anderson, H. Bilofsky, M. Billeter, F. Blattner, M. O. Dayhoff, G. Edelman, B. Erickson, R. J. Feldmann, W. Fitch, P. Freidland, T. Gingeras, J. S. Haemer, J. Hahn, C. Hutchinson, E. Kabat, L. Kedes, O. Kennard, L. Korn, J. Lederberg, C. Levinthal, H. Lewis, J. Maizel, A. M. Maxam, J. Milazzo, J. Pasta, G. Pieczenik, C. Queen, R. J. Roberts, T. Smith, R. Sommer, C. Squires, R. Staden, J. Vournakis, M. Waterman, and S. M. Weissman.
A review of some of the meeting participants indicates not only the fields represented but also the tools and resources then available to further the organizers’ aims. Among those with experience using computers in the life sciences, Joshua Lederberg, the Nobel Prize–winning molecular biologist who, as president of the Rockefeller University, opened the meeting, was best known for his discovery of bacterial sex. However, he had also vigorously promoted the use of computers and artificial intelligence in the biomedical sciences since the 1960s at Stanford, where he had founded the shared computer resource SUMEX-AIM. Another participant, the chemist and computer scientist Howard S. Bilofsky, from Bolt, Beranek, and Newman (BBN), the company that had developed the ARPANET for the Department of Defense in 1969, was working for the PROPHET project, another shared computer resource for pharmacologists that BBN had established in 1973. Finally, the mathematician Michael S. Waterman and the physicist Temple F. Smith were developing algorithms to analyze sequence data at Los Alamos ScientificLaboratory.
Footnote 27: On the PROPHET project see Paul A. Castleman et al., “The Implementation of the Prophet System, AFIPS Conference Proceedings, 1974, 43:457–468. Waterman and Smith’s most notable contribution would be an algorithm for local sequence alignment: Temple F. Smith and Michael Waterman, “Identification of Common Molecular Subsequences,” J. Molec. Biol., 1981, 147:195–197. For their collaborations prior to the Rockefeller meeting see Waterman, Smith, M. Singh, and W. A. Beyer, “Additive Evolutionary Trees,” Journal of Theoretical Biology, 1977, 64:199–213; and Waterman and Smith, “On the Similarity of Dendrograms,” ibid., 1978, 73:789–800. Regarding Waterman’s work more generally see Waterman, Skiing the Sun (2007), p. 13 (this is a pdf pamphlet available on Waterman’s homepage: www.cmb.usc.edu/people/msw/ [accessed 1 Mar. 2009]). Los Alamos Scientific Laboratory was renamed Los Alamos National Laboratory (LANL) in 1981. 28 C. W. Anderson, “Report to the National Science Foundation,” 14 Nov. 1980, NBRF Archives, pp. 2, 3.
In the field of database management, the physical chemist Margaret O. Dayhoff had been expanding a computerized collection of protein sequences (published as Atlas of Protein Sequence and Structure) at the National Biomedical Research Foundation (NBRF) in Washington, D.C., since 1965, and the biochemist Elvin A. Kabat had assembled his own specialized collection of immunoglobulin sequences at the NIH in Bethesda, Maryland, collaborating with Bilofsky and using his computer system. The crystallographer Olga Kennard was maintaining the Cambridge Crystallographic Data Center she had founded in 1965 to collect and distribute structural data on small organic molecules; and—though he was not directly involved—Carl W. Anderson, from the Brookhaven National Laboratory, was well aware of the progress of the Protein Data Bank hosted there, which had been collecting and distributing the atomic coordinates of protein structures since 1973. Molecular biologists in attendance included such luminaries as Walter Gilbert, Richard J. Roberts, and Sydney Brenner.
can be found in Human Genome Project
https://www.newspapers.com/image/317287948/?terms=%22pieczenik%22&match=1
https://ipmall.law.unh.edu/content/diamond-v-chakrabarty-dr-george-pieczenik
1980-ipmall-law-unh-edu-diamond-v-chakrabarty-dr-george-pieczenik.pdf
SIDNEY A. DIAMOND, COMMISSIONER OF PATENTS AND TRADEMARKS, Petitioner , v. ANANDA M. CHAKRABARTY, Respondent .
No. 79-136
OCTOBER TERM, 1979
January 29, 1980
BRIEF OF DR. GEORGE PIECZENIK AS AMICUS CURIAE
LORANCE L. GREENLEE, KEIL AND WITHERSPOON, 1101 Connecticut Ave., Washington, D.C. 20036, Attorneys
I. INTEREST OF THE AMICUSDr. George Pieczenik, appearing herein as amicus curiae , is a molecular biologist and computer scientist on the faculty of Rutgers University. Dr. Pieczenik received his undergraduate training at Harvard University, obtained a masters degree in radiation physics from the University of Miami, and a doctor of philosophy degree from New York University. His doctoral dissertation was entitled "Genetic Code Constraints on Amino Acid and Nucleotide Sequences," in which he investigated the genetic code of living organisms from the standpoint of a language having internal constraints and internally consistent syntax. These studies, in combination with subsequent work carried out at Rockefeller University and the M.R.C. Laboratory of Molecular Biology, Cambridge, England, have consequences in molecular biology which received national press coverage (Time , April 4, 1977, p. 47). Dr. Pieczenik has been one of the pioneer scientists in the development of techniques for determining nucleotide sequences of DNA and RNA, and has developed techniques for the construction of transfer vectors in recombinant DNA technology which are the subject of a pending patent application. A list of his scientific publications in attached hereto as an Appendix. Dr. Pieczenik has no financial interest in or connection with Respondent.Dr. Pieczenik has been active in public affairs relating to science and technology in his area of expertise. In this regard, he has testified before the Committee on Science and Technology of the House of Representatives on matters relating to the safety of recombinant DNA research.Dr. Pieczenik is concerned that the decision in the instant case be made along lines that are rational and meaningful in terms which he and other researchers similarly situated can comprehend as guidelines for what may or may not be patented in this area of technology. He is further concerned that the Court should have the benefit of direct input from research workers in this art with respect to the nature of the inventions likely to be affected by its holding and the consequences thereof as applied to the existing patent statute. II. STATEMENT AND ARGUMENTThe Petitioner requests reversal of the decision below on the ground that the subject matter is a living organism . Whatever this Court's holding, its decision will necessarily distinguish between patentable and unpatentable subject matter in the area of biotechnology. It is essential that this line be drawn on the basis of the known scientific realities as applied to the existing law. This Court is not constrained to accept the conceptual framework suggested by the Petitioner.The distinction between living and non-living matter has no real meaning in relation to this technology. That which is living is typically described in terms of a set of attributes n1 which, when all present, are considered indicia of life. There is no single fundamental property, law of nature, or operating principle, which distinguishes that matter which we call living from that which we do not. n2 To attempt to separate patentable and unpatentable subject matter on the basis of such a concept is to invite confusion in the art, to ignore existing law and to ignore scientific reality. n3n1 See, for example, Luria, S.E. and Darnell, James D., Jr., General Virology , 2nd Edition, John Wiley & Sons, Inc., New York, 1967, pp. 5-8. Commonly mentioned attributes include cellular organization, ability to derive energy from sources in the environment, motility, responsiveness to change in environmental conditions, capacity to replicate, and so forth.n2 The notion of vitalism holds that, in the last analysis, the phenomena of life can be explained only by the existence of a mysterious "vital force" which operates only within the realm of living matter. Gunther Stent, in his text Molecular Genetics , (W.H. Freeman & Co., San Francisco, 1971, p. 28), notes that a sophisticated version of vitalism may have inspired the interest which many physicists took in biological phenomena following World War II:Inspired by the romantic notion of finding "other laws of physics" through the study of genetics, a number of physical scientists left the occupation for which they had been trained and addressed themselves to the problem of the nature of the gene. The entry of these new men into genetics and cognate fields in the 1940s produced a revolution in biology that, when the dust had cleared, left molecular biology as its legacy. As part of this revolution, molecular genetics was to develop out of classical genetics, and by the time of the Mendel Centennial in 1965 the nature of the gene was understood. Alas, the physicists were to be cheated out of their reward: no "other laws of physics" had turned up along the way. Instead, as the facts to be set forth in this book will show, the making and breaking of hydrogen bonds seem to be all there is to understanding the workings of the hereditary substance.n3 The situation presented in the instant case is to be distinguished from those relating to defining the point at which a human being is legally dead. In such cases, the courts are primarily concerned with matters of social justice involving the point at which the constellation of laws relating to the rights and privileges of a living, sentient individual are to be terminated in favor of the operation of those laws relating to a deceased. In contrast, the instant case relates to the development of biotechnology where the law is concerned only with adjudicating intellectual property rights arising out of new discoveries. Legal decisions in this subject area ought not to be based upon a distinction that has no practical significance in the affected subject area.Amicus therefore invites the Court to consider how the line can best be drawn, irrespective of its ultimate holding, for it is this aspect of the case which will determine whether the decision offers meaningful precedential value for researchers, the Patent and Trademark Office and for the Court of Customs and Patent Appeals, or whether it invites confusion, uncertainty and continued litigation. A definitive decision, based on practical reality , is urgently needed for future technological advances in this art.Between that which is unquestionably living matter and that which is not, there are a great many useful substances of varying chemical complexity. n4 In common they are characterized as possessing some of the attributes of living organisms, but they clearly do not possess them all. The viruses for example are typically composed of nucleic acid (DNA or RNA) and proteins n5 in defined amounts and structural relationships. n6 In pure form n7 viruses exhibit no attributes of living organisms, are unable to grow, multiply or derive energy from the environment. When combined with susceptible organisma, a virus can cause the replication and assembly of multiple virus progeny, alter the functional characteristics and even the appearance of the organism and, in some cases can induce permanent genetic alteration of the organism.n4 A partial list would include such obligate parasites as the Chlamydia and Bdellovibrio bacteriovirus which depend upon some organizational aspect of a living cell for growth and reproduction, the viruses, plasmids (which are composed of DNA) and cloned genes.n5 See Luria, S.E. and Darnell, J.D., supra , p. 2. The terms DNA, RNA and protein are generic names for polymeric chemical substances. DNA is built up from four monomeric building blocks, termed deoxynucleotides, linked in specific sequential array. It is the sequence of the monomers which chemically distinguishes one DNA from another. RNA is structured similar to DNA except that the monomers are ribonucleotides. The monomeric building blocks of proteins are amino acids, primarily elected from a set of twenty amino acids. Individual proteins are chemically distinguished by the exact sequence of amino acids.n6 Typically, the nucleic acid is contained in a core which is surrounded by a coat of protein components. The viruses vary widely in complexity, the simplest having protein coats composed of repeating subunits of a particular protein forming a precise geometric arrangement. The more complicated viruses may include additionally an envelope containing lipid material derived from the membrane of an infected cell. Some of the simpler viruses, for example, bacteriophage X-174, have been completely characterized chemically, both as to the amino acid sequence of the proteins of the virus and the nucleotide sequence of their nucleic acid component.n7 Many viruses have geometrically regular shapes and may be purified in crystalline form.Certain kinds of DNA molecules also have a dualistic property of being definable like ordinary inanimate chemical compounds, yet being capable of transforming susceptible host cells, altering their funtional properties and inducing permanent genetic changes passed on to progeny cells. n8 DNA is, in fact, the chemical substance which embodies the genetic information of all living organisms. n9 Its chemical nature is well known and can be found in present day high school biology texts. n10n8 Avery, O. T., McCleod, C.M., and McCarty, M., J. Expt. Med. 79 , 137 (1944), first demonstrated that DNA added to a culture of microorganisms was capable of causing a specific, definable genetic alteration. Despite the fact that DNA molecules are very high molecular weight polymers, most living cells are capable of taking up DNA from the culture medium from which they are grown. Of particular interest in this regard are those DNA molecules termed plasmids. plasmids are DNA molecules having the ends joined to form a closed loop and contain the necessary genetic determinants for their autonomous replication, once inserted into a living cell. They may, and typically do, contain additional genetic determinants, for example, for resistance to an antibiotic. A bacterial cell may harbor one or more plasmids which replicate autonomously within the cell and are distributed to daughter cells when the cell divides. Novel plasmids containing genes from heterologous sources can be constructed by recombinant DNA techniques or by more conventional microbial genetics techniques. Chakrabarty's organism was derived by a multistep process by which several distinct plasmids bearing various selected genetic determinants were introduced, conferring upon the organism bearing them the ability to metabolize various sorts of hydrocarbons. Selection was "phenotypic," that is, based upon functional properties of the plasmid-bearing organism in defined environments.n9 The deoxynucleotide sequence of DNA constitutes a code which specifies the amino acid sequences of all proteins made by the organism. RNA, on the other hand, serves a variety of functions intermediate in the process of translating the genetic code into protein. In some instances, RNA also serves as repository of genetic information. In particular, the genetic material of some viruses is RNA rather than DNA.n10 See, e.g., Otto, J., and Towle, A., Modern Biology , Holt Rinehart and Winston, N.Y. (1977) and Biological Sciences Curriculum Study, Biological Sciences, an Inquiry into Life , 4th ed. (1980).The essential feature of the chemical structure of concern here in the exact sequence of deoxynucleotide monomers which constitutes a given DNA molecule. n11 Deoxynucleotide sequences of specific DNA molecules are now ascertainable as a routine matter with a high degree of accuracy. n12 Furthermore, functional DNA can be chemically synthesized. n13 Therefore, DNA molecules, as definable and enumerable pure chemical compounds, fall squarely within the ambit of patentable subject matter under 35 U.S.C. § 101. n14n11 A given DNA molecule has a completely definable deoxynucleotide sequence from beginning to end, despite having a molecular weight which may be upwards of hundreds of millions. The number of possible sequences of X monomers is precisely 4x. In contrast, many patented chemical polymers are only describable in terms of an approximate molecular weight range and have a random arrangement of subunits describable only in terms of their relative proportions. Recently, the complete deoxynucleotide sequence of hepatitis virus DNA was determined. The molecule has 3182 deoxynucleotide subunits and exists in the form of an endless loop. Galibert, F., et al., Nature 281 , 646 (1979).A set of endless loop DNA molecules having the same deoxynucleotide sequence could be cut once, at a single site randomly distributed, to yield a population of linear molecules having the same sequence circularly permuted. Such a population is nevertheless uniquely describable in terms of a single sequence, simply by writing the sequence in a circle.n12 Sanger, F., et al., Proc. Nat. Acad. Sci. USA 74 , 5463 (1977); Maxam, A.M. and Gilbert, W., Proc. Nat. Acad. Sci. USA 74, 560 (1977). As a practical matter, the determination of deoxynucleotide sequence of DNA is easier than the determination of amino acid sequence of proteins. It is therefore entirely feasible to deduce the nature of the proteins of an organism from analysis of its DNA. See Galibert, et al., supra .n13 Itakura, K., et al., J. Biol. Chem. 250 , 4592 (1975); Itakura, K., et al., J. Am. Chem. Soc. 97 , 7327 (1975).n14 It is to be understood that before a patent issued the requisite showing of novelty, utility and unobviousness required elsewhere in the patent statute would be made. The determination on these matters will be dependent upon the facts in each case.Further, it is precisely the deoxynucleotide sequence of DNA which accounts for its dualistic nature. The sequence constitutes information to which a living cell is responsive, analogously as an engine to its camshaft or an architect to his blueprints. A DNA molecule introduced into a cell can, in effect, direct the cell to make a protein, according to information encoded in the specific deoxynucleotide sequence of the introduced DNA, and thereby to perform a new function. Furthermore, the introduced DNA molecule can be duplicated manyfold and passed on to progeny cells. The introduced DNA molecule can be reextracted from the cells, many times amplified in amount. For example, bacteria normally sensitive to penicillin can be rendered resistant by introducing into the bacterial cell a DNA molecule which instructs the recipient cell to produce an enzyme that catalytically degrades penicillin. The recipient cell can duplicate the introduced DNA and pass it to progeny cells, so that a new cell strain is produced, having enhanced survival in an environment containing penicillin. n15n15 See Hotchkiss, R.D., Jr., Unites Biologiques Gouees de Continuite Genetique. Colloq. int. Cent. Nat. Rech. Sci., 8 57 (1949).The viruses and DNA molecules themselves share the dualistic property of being chemically definable n16 compositions and propagatable by living cells. Such materials are termed "resurrectable" to signify their ability to alternate between the animate and inanimate realms. n17 Whether existing inanimate in a test tube or functioning within a living cell, the compositions remain chemically definable entities, squarely compositions of matter under § 101.n16 The viruses vary greatly in complexity. As noted supra , note 6, some of the simplest viruses have been completely described chemically, in terms of the nucleotide sequence of the nucleic acid component, the amino acid sequences of the protein components, and the structural and geometric relationships between the protein components and the nucleic acid. In the case of more complex viruses, the number of separate protein components comprising the protein coat and some structural features of their assembly have been determined, although the primary sequences of the nucleic acid and protein components have not been determined. The critical question is whether the chemical structure and functional properties of a virus can be described in sufficient detail to enable others of ordinary skill in the art to make and use the invention, as required by 35 U.S.C. § 112.n17 A class of recombinant DNA cloning vectors derived from bacteriophage lambda has been designated "Charon" phages, after the mythological boatman of the river Styx. Blattner, F.R., et al., Science 196 , 161 (1977).The resurrectable compositions partake of a second sort of duality, that of being simultaneously chemical compounds and information. The informational aspect is embodied in the deoxynucleotide sequence of DNA, which functions as information only within a living cell. n18 This Court has adverted to the informational nature of resurrectable compositions, at least by implication, in its remand of Parker v. Bergyn19 for reconsideration in the light of Parker v. Flook . n20 In view of the essentially chemical nature of cells and resurrectable compositions, and of their tangible, describable properties, the traditional legal principles relating to compositions of matter are necessarily applicable. The relevance of Flook to the instant case is therefore viewed as tangential. This Court has viewed askance the patentability of information per se n21 or processes whose essential feature is the manipulation of information. n22 However, this is not the case where the patent concerns the physical embodiment n23 of information, n24 or processes manipulating an embodiment of information. n25 Flook did not hold that an otherwise patentable invention would be rendered unpatentable merely because the process or product had an informational aspect. The instant case provides perhaps the most clearly defined opportunity for this Court to distinguish between information per se and its embodiment.n18 With the exception that it is technically feasible to demonstrate an aspect of the information content of DNA in a cell-free system comprising extracts of living cells and certain chemical cofactors (Zubay, G., Ann. Rev. Genetics 7 , 267 (1973).n19 438 U.S. 902 (1979).n20 437 U.S. 584 (1978).n21 Leroy v. Latham , 55 U.S. 156 (1852); O'Reilly v. Morse , 56 U.S. 62 (1854);Gottschalk v. Benson , 409 U.S. 63 (1972).n22 Parker v. Flook , supra, note 20.n23 The concept of information, as a property of matter organized in non-random fashion, as quantifiable into "bits," and as transmitted and received according to certain principles, was developed in large part in the pioneerng work of C. E. Shannon, Bell System Tech. J. 27 , 379, 623 (1948), reprinted in Shannon, C.E. and Weaver, W., The Mathematical Theory of Communication , University of Illinois Press, Urbana, Ill. (1949). See also Elias, P., "Coding and Information Theory," Reviews of Modern Physics(1959), reprinted in Biophysical Science -- A Study Program (J. L. Oncley, et al , Eds.) John Wiley and Sons, New York (1959) pp. 221-226.n24 Information may be embodied in a photographic plate, a blueprint, a camshaft, modulated electromagnetic radiation and certain chemical compounds, to give a few simple examples. A second entity (the receiver) is necessary in order to make "sense" of any information. Patented articles involving such physical embodiments are the classic stuff of patents generally.n25 Cochrane v. Deener , 94 U.S. 780 (1877); Dolbear v. American Bell Telephone Co ., 126 U.S. 1 (1888); MacKay Radio & Telegraph Co. v. Radio Corp. of America , 306 U.S. 86 (1939). The cases cited herein and supra , notes 20 and 21, were not decided in specific terms of information or its embodiment, but instead speak of mental steps, mere principles, fundamental laws of nature, algorithms and the like. Viewing these cases in terms of a distinction between information and its embodiment provides a unifying thread running throughout them all, consistent with the general rationale of Flook .The embodiment is a describable chemical compound. It can be manipulated, altered and recombined in novel and unobvious structures. As such, it falls within the category of patentable subject matter under 35 U.S.C. § 101. The fact that it simultaneously bears information is not relevant to its patentability as a product just as that same fact would not negate the patentability of a photographic emulsion or a camshaft. Furthermore, the nature of the information embodied in the deoxynucleotide sequence of DNA is not fully understood. It is a hope of science that a fuller understanding of how living cells handle genetic information will be attained. n26n26 Following the rationale of Flook , it would not be possible to obtain a patent on the manner with which living cells handle specific genetic information.The foregoing analysis demonstrates the rationale for patentability of resurrectable compositions that can exist as inanimate chemical compounds, and suggests a boundary condition for a such patentability. Substances which are unequivocally living, such as the Chakrabarty organism, are much more complex chemically. They depend for the attributes of life on the proper organized state of their chemical components. n27 Furthermore, the living cell exists in a dynamic state in which its detailed chemical composition varies with time and environmental conditions, and probably to some extent, from cell to cell. The living cell lacks the static, uniform aspect which characterizes resurrectable compositions.n27 A living cell is "killed" by disrupting its structure, even though many of the component processes, such as metabolism, can still take place.The fermentation process (oxidation of sugar to produce ethanol) was considered by 19th century vitalists to be dependent on living cells. It was a disappointment to Pasteur that he was unable to demonstrate cell-free fermentation. However, Eduard Buchner succeeded in 1897 where Pasteur had failed. The secret of Buchner's success lay simply in using a yeast strain in which the cells were more easily broken open.Nevertheless, living cells are identifiable and describable entities which can be readily distinguished from one another by a combination of chemical, functional and morphological criteria whose development has reached a highly sophisticated plane in the field of microbiology. As a practical matter, given sufficient disclosure of such properties, it would be well within the scope of ordinary skill to distinguish the Chakrabarty organism from similar organisms.The salient feature of living compositions is their ability to reproduce themselves. Bacteria reproduce with high fidelity and may be stored for long periods of time. These properties are recognized in the current practice of placing the organism on deposit in a public type culture collection. n28 The deposit provides and adequate description of the organism even for processes in which the microorganism is arguably the sole element of novelty.n28 In re Argoudelis , 434 F.2d 1390, (C.C.P.A. 1970).The reproduction of living cells is inherently accompaied by variation in the form of spontaneous mutation and partial genetic exchanges. For bacteria the overall probability of such events is about one in a million per generation. n29 As a culture is reproduced over several generations, it is necessary to reisolate the correct organism from a background count of variants which accumulates with each successive generation. In order to accurately identify the desired organism, one must know the criteria by which it was originally selected and these criteria must reasonably insure successful identification. Such criteria will include, for example, the selection process used to isolate the organism initially, its distinguishing functional properties and as many chemical, morphological and functional criteria as are needed to establish identity according to relevant standards in the art. Therefore, it can be seen that a critical limitation on patenting compositions characterized as "living," is already present in 35 U.S.C. § 112, first paragraph, which requires a description of the invention "... in such full, clear, concise and exact terms as to enable any person skilled in the art to which it pertains... to make and use the same...." In terms relevant to this art, compliance with § 112 should include disclosure regarding the organism's function (how to use) as well as its genetic background and selection procedure (how to make), in addition to a deposit of the organism itself.n29 By contrast higher organisms, reproducing by sexual mating, have a probability of variation of nearly 1 (diminished only by the occasional occurrence of identical twins). Certain mammalian cell lines have intermediate levels of variability, on the order of one in a thousand per generation.It follows that holding the instant microorganism to be patentable subject matter will not open the floodgates for the patenting of all sorts of living organisms. The existing statutory framework coupled with the inherent properties of living organisms provides sufficiently cognizable limits, and administrative flexibility, to ensure that the law of patents remains confined to the useful arts, where it has served its function well for nearly 200 years.III. SUMMARYIn summary, the Government's assertion n30 that "the decision to extend the patent laws from the non-living to the living is a policy judgment for Congress to make" is simplistic and misleading. The decision to hold Chakrabarty's organism patentable subject matter or not is a legal question which can and should be decided within the framework of existing statutory and case law. A rational basis can be found to provide metes and bounds for a holding on either side of the question.n30 Petitioner's Brief, footnote 44.The field of biotechnology is an emerging useful art with great promise for future benefit to mankind. The constitutional purpose to promote the progress of the useful arts should be applied to promote the progress of biotechnology by providing patent protection. The boundary conditions for patenting living organisms are adequately provided in the existing patent statute, specifically 35 U.S.C. § 112, as discussed herein. Therefore, Amicus recommends that the decision of the Court of Customs and Patent Appeals be affirmed but that in any case, the Court's holding provide rational metes and bounds to guide the patenting of subsequent developments in this emerging technology.Respectfully submitted,LORANCE L. GREENLEE, KEIL AND WITHERSPOON, 1101 Connecticut Ave., Washington, D.C. 20036, AttorneysWashington, D.C.January 28, 1980PMCID: PMC349652 / PMID: 6158050
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC349652/
The sequence of a nucleotide region of f1 bacteriophage was determined on a bonded ultrathin acrylamide gel with a discontinuous buffer system by using the dideoxy-DNA sequencing method. This sequence and one other were analyzed for maximal base pairing with tRNAs. The results allow a prediction of the direction and phase of possible coding functions. The implication of sequence constraints on mRNA codon frequency, tRNA structure, the origin of protein synthesis, and triplet reading are discussed in terms of neutral, Darwinian, and genotypic selectionist perspectives of evolution. The model of F. H. C. Crick, S. Brenner, A. Klug, and G. Pieczenik [(1976) Origins of Life 7, 389-397] for the origin of the genetic code is used to interpet contemporary adaptive and functional nucleic acid sequences.
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Aftershocks from the collapse of the Silverado Savings and Loan Association in Denver are shaking a Manhattan cooperative near Lincoln Center, where residents have become the reluctant partners of the Federal Deposit Insurance Corporation.
The failure of the Silverado [Savings and Loan Association in Denver], which until its demise in 1988 was one of the largest financial institutions in Colorado, put 141 of the 276 apartments in One Harkness Plaza, a 10-year-old building at 61 West 62d Street, in the hands of the Government. The apartments were among the assets seized by the F.D.I.C. when the bank went under.
Silverado is one of hundreds of savings and loan associations across the nation that have fallen apart in the last 18 months under the weight of bad loans and in some cases the free-spending ways of directors. But the involvement of Neil Bush, the President's son, who was on Silverado's board, and a Congressional investigation of the its former principals, has thrust Silverado into the spotlight. The House Banking Committee is looking into charges that Mr. Bush and other directors violated Federal conflict-of-interest rules by not disclosing their relationships with people to whom substantial loans were made.
Since Federal officials stepped in last year to liquidate the Government's assets in the 26-story Harkness Plaza building, there has been little peace there. The F.D.I.C.'s involvement has set neighbor against neighbor as two camps on the co-op board battle each other at meetings and in court. One side sees no reason to fight the Government's liquidation plan, which calls for a bulk sale of the seized apartments to an investor, and looks forward to having a strong partner buoying the building; the other, concerned with protecting the value of shareholders' investments, is trying to block what it calls the ''fire sale'' of the apartments at only 25 percent of their original value.
Caroll Roos, the account manager for the F.D.I.C. who is in charge of the Harkness Plaza assets, confirmed that a contract is now pending to sell most of the seized apartments to a real-estate investment company, but he refused to name the company or say what it has agreed to pay.
At the heart of the dispute between the two factions on the co-op board is the potential economic impact of the F.D.I.C. sale on shareholders. Original buyers, who bought at insider prices when the building was converted from a rental in 1986, paid $300 a share, or about $180,000 for a typical two-bedroom apartment.
If the F.D.I.C. deal goes through, say board members who oppose the sale, the buyer will get the apartments for about $74 a share, or approximately $45,000 for a two-bedroom unit. The investor could then sell apartments for much less than the prices insiders paid for their units.
Some board members contend that the Government's bulk sale will substantially hurt the value of the apartments owned by tenant-shareholders. They accuse the Government's representatives of ignoring the F.D.I.C.'s legal mandate to protect the shareholders' investments. Other Harkness board members, including its president, Neil Goldstein, believe that what is best for the co-op at this point is for the shares to move into private ownership as quickly as possible.
THAT Harkness Plaza residents are entangled in a mess involving a defaulted bank 1,800 miles from New York can be traced to the financial troubles of the sponsors of the conversion, Robert Postel and Phillip DiSanza. And the complicated case shows the creeping nature of the savings-and-loan crisis, as well as the extent to which the homeowners can be touched by it.
Silverado acquired its Harkness shares - about 47 percent of the total - not from foreclosing on a defaulted loan, which usually happens when a bank or savings and loan takes over, but in the settlement of a suit against it by Mr. Postel and Mr. DiSanza.
Like other converters, they thought their project would succeed when they bought the building in 1983. The building, only three years old at the time, is on West 62d Street, opposite the New York State Theater in Lincoln Center, one of the city's most desirable neighborhoods. It had a high turnover rate for its rental units, which the sponsors hoped would increase the number of apartments they could sell at higher ''outsider'' prices. And many tenants were professional people with high incomes.
The sponsors ran into trouble, Mr. Postel said, when the building's inside buyers demanded costly concessions that led to a cash crunch before the conversion closed in 1986.
Among the most expensive was a demand by buyers that the sponsors reduce the building's second mortgage, held by the Beverly Hills (Calif.) Savings & Loan Association, by $10 million, to about $1.8 million, to lower maintenance costs. In buying the building, Mr. Postel and Mr. DiSanza had assumed a $22 million first mortgage held by the John Hancock Mutual Life Insurance Company.
Another costly condition, Mr. Postel said, was giving inside buyers the option of selling their apartment shares back to the sponsor within six months of the conversion for $360 each, $60 more than they paid. Mr. Postel said the 25 buyers who elected this option cost him and his partner $4 million.
''The bottom line was that we had to come up with in excess of $10 million more than we expected,'' Mr. Postel said. To cover the shortfall, he and Mr. DiSanza took a short-term $14 million loan from the American Savings Bank.
After 130 units were sold, mostly to tenants, sales slowed to a trickle, Mr. Postel said, partly as a result of a glut of new condominiums in the neighborhood.
''We were facing a serious crunch,'' Mr. Postel said, ''American Savings Bank held the shares on the unsold apartments as collateral and would be able to take them over in the case of a default.''
Mr. Postel and Mr. DiSanza approached Silverado for an $18 million loan to enable them to pay off American Savings Bank and to help defray their maintenance costs for unsold apartments, some of which were warehoused and had no tenants. Mr. Postel contends that, as part of the deal, Silverado required him and Mr. DiSanza to take over a mortgage Silverado held on a Denver housing complex known as Tara Woods. That additional mortgage obligation meant they had to increase the amount they borrowed from Silverado to $22.4 million.
They agreed, but the deal soured a few months after it was completed, and Mr. Postel and Mr. DiSanza sued Silverado, charging it had made the loan under fraudulent terms.
''Silverado had vastly overestimated the value of the property in Denver,'' said Mr. Postel, who was ill at the time and unable to inspect Tara Woods personally before the closing. ''They presented us with appraisals saying that it was worth at least $12 million. We found out that a $5 million value was closer to the mark.''
Silverado, in a complicated settlement approved by Judge Robert J. Ward of Federal District Court in Manhattan, agreed to relieve Mr. Postel and Mr. DiSanza of liability for the Tara Woods mortgage and the loan on the Harkness shares. In exchange, Silverado took control of the Harkness shares.
Less than a year later, Silverado went bankrupt, setting the stage for the turmoil on West 62d Street.
''AS far as I can see,'' said Owen McCormack, a resident and board member who is opposed to the F.D.I.C.'s bulk-sale plan, ''the sale is going forward with a total disregard for the shareholders' welfare. But what troubles me even more is that the F.D.I.C.'s representatives in this case have kept crucial information from shareholders.''
Mr. McCormack said, for example, that Eastdil Realty, the company hired by the Government as consultant on the management and sale of apartments, filed an amendment describing the sales plan with the New York State Attorney General's office in August 1989, but did not distribute them to the resident shareholders until February 1990. The Attorney General's rules require that all shareholders receive amendments as soon as they are filed.
Mr. McCormack said that the delay prevented resident shareholders from organizing a joint effort to buy and market the seized apartments themselves. He has filed complaints with the F.D.I.C. and the State Attorney General's office in an effort to halt the proceedings. Mr. McCormack has also sued the co-op corporation in New York State Supreme Court, challenging the right of three F.D.I.C. representatives on the board to vote the Government's shares.
George Pieczenik, another board member who opposes the bulk-sale plan, says he feels the F.D.I.C.'s handling of the Harkness shares violates its own rules.
''The rules require that our interests be considered in any liquidation process,'' Mr. Pieczenik said, referring to Section 212 (h) of the Financial Institutions Reform Recovery and Enforcement Act of 1989, which requires the F.D.I.C. to consider any adverse economic impact of a liquidation on local communities. ''It seems to me that a fire sale of apartments is not in keeping with those rules.''
Both Mr. Pieczenik and Mr. McCormack said that if a bulk sale cannot be avoided, tenant-shareholders should be included in the bidding process.
Nancy Kramer, deputy director of the financial services bureau in the Attorney General's office, said the agency found no cause to stop the F.D.I.C.'s bulk sale of Harkness shares.
Neil Goldstein, the president of the Harkness board, said he is ''neutral'' about F.D.I.C.'s role. ''But I do believe,'' he said, ''that it is in the best interest of the co-op to have a responsible and legitimate real estate concern take over the shares so we can go to lenders next year when our mortgage comes due with a financially stable partner.''
Mr. Roos, who is handling the Harkness Plaza case for the F.D.I.C. and who now has a seat on the co-op board, defended his agency's strategy. He said that given the dramatic downturn in the residential real estate market in New York it would have been irresponsible to try to sell the units individually - as some shareholders would have liked - rather than as a package.
''The F.D.I.C. as a fiduciary has a mandate to preserve value of its collateral for the estate,'' he said, ''in this case Silverado Bank. But even though that responsibility does involve liquidations, we do have the impact in mind in every case.''
Even with the offer of a bulk sale of the apartments - some of which have Hudson River views - the F.D.I.C. had trouble attracting bids. Mr. Roos said that after sending marketing material to more than 100 potential investors, it received only two bids high enough for serious consideration.
Arthur Beckerman, a partner in Coronet Properties, a Manhattan real estate investment concern that reviewed and rejected the Harkness share offer, said he thought the $9.5 million asking price was too high, even though he acknowledged the value of the building's location and the fact that most units for sale are empty.
''WHEN you are looking for investments of this type there are many things to consider,'' he said, ''and the price is only one of them. There are all kinds of things that affect the value of unsold shares. There is the building's condition, any shortfalls between rents and maintenance and the building's overall financial situation.''
Mr. Beckerman said his company, which has been an active buyer of both occupied and vacant apartments recently, was especially concerned about the high maintenance charges on Harkness Plaza units, on average about $1,300 a month, and about the corporation's legal entanglements.
Mortgage payments account for about half of shareholders' maintenance payments.
Moreover, the cooperative is currently involved in litigation with the sponsors over unpaid rents on the building's commercial spaces. The co-op is also named as a co-defendant in a suit involving the sponsors' charges that Douglas Elliman, Gibbons & Ives, the real estate management and brokerage company in charge of the original sales campaign for the Harkness apartments, failed to meet its contractual obligations as the marketing agent for the building.
Mr. Goldstein, the president of the co-op board, is just one of many Harkness Plaza residents who hope that life there will soon return to normal.
''Nobody here is happy about what has happened over the past year,'' he said. ''But it looks like we are going to get through it. What matters now is that we get on with the business of making Harkness Plaza a good place to live and a good investment for the shareholders.''
https://www.thelancet.com/journals/lancet/article/PII0140-6736(91)90312-D/fulltext
LETTERS TO THE EDITOR| VOLUME 337, ISSUE 8743, P731-732, MARCH 23, 1991
Potential molecular competitor for HIV
Michael Scolaro
Roy Durham
George Pieczenik
Published:March 23, 1991DOI:https://doi.org/10.1016/0140-6736(91)90312-D
WORLD-FAMOUS BIOLOGIST GEORGE PIECZENIK, with his crimson Harvard suspenders and neatly trimmed beard, look more like a man waiting for his tum on the golf course than a scientist. Indeed, he is a scientist and one that may be on the verge of a very important discovery. Pieczenik bas been studying subjects who have been HIV-positive for more than ten years and who have not developed AIDS, with the belief that these patients bold the key to the cure of the disease.
His theory is a new twist in the ongoing debate about just how deadly HIV really is. Pieczenik's take on HIV is a middle ground of sorts. Unlike Berkeley biologist Peter Duesberg, who think HIV is harmless, Pieczenik believes that "regular" HIV is deadly, but that there are strains of HIV that are harmless. He theorizes that the e nonpathogenic strains mjght overpower and neutralize the deadly strains. Dr. Pieczenik bas been working for the past two years with a team comprised of lawyer Roy Durham and physician Michael Scolaro in an effort to defeat AIDS by goading HIV into genetic competition. But the research process is complicated, and detractors are trying to top him on the grounds that testing his theory is risky and unethical. The method involves injecting HlV-tainted blood taken from a patient Pieczenik believes to be infected with the "safe" strain into an HIV-positive patient with AIDS, with the hope that the safe strain will overpower the deadly strain. If it doesn't, Pieczenik reasons , the patient will not be further harmed by the new strain.
After Dr. Pieczenik conceived the research project in 1990, Roy Durham compiled a list of possible donors by writing to over 1,700 doctors in U.S. hospitals, asking them for information on any patient who fit the profile: HIV-positive, asymptomatic for over ten years, and with the T-cell count of a healthy person. Then Scolaro began to treat a test group of 11 patients with AIDS in Los Angeles using the donor blood. When he began, they had a mean T-cell count (an indicator of immune response) of 66. Normal is anywhere from 800 to over 1 200. One was blind and in a coma. The treatment consisted of injecting the patients with a small amount of the donor blood, repeated after three months. After one year, four patients reverted to good health, six other stabilized and improved their immune response, while the 11th, who bad been in a coma, died.
What Pieczenik proposes is that viruses like AIDS follow the laws of natural election as obediently a a hulking Galapago tortoise. The virus wishes to survive and cannot if it kill its host. Pieczenik believes that the survival for more than ten years of HIV-positive subjects who have not developed AIDS is evidence of this very phenomenon at work. Either theses subjects are immune to the disease, or their strain of the virus doe not cause AIDS.
The theory is not without precedent. In the 1950s , farmers in Australia battled the problem of rampant pestilence due to an overpopulation of rabbits. Their answer was to introduce a virus in the hope of killing off the rabbit . Instead, their plan was foiled when a spontaneous mutation resulted in a non-disease-causing strain that competed with the virulent strain.
If competitive nonpathogenic viruses can exist in rabbits, the same phenomenon could explain why some people with HIV have not developed AIDS. Central to the theory are certain tenets of the law of natural selection and Darwinian theory. Pieczenik's work suggests that it may be possible to artificially accelerate this form of natural selection by using nonpathogenic strains to compete with disease-causing strains. It is already possible to observe this competition in Africa, where two strains of HIV - HIV I and HIV II-have been identified, the latter being far less lethal.
Harvard biologist Max Essex, an expert on African AIDS, cites a mere 10 percent death rate for those infected with HIV II, as compared with the nearly 100 percent figure for HIV I. According to Essex, this model shows that it is possible for one strain of HIV to outcompete another and to promote survival in those infected. "However, it's very tricky to find the right strain, considering that no two people have the exact same virus."
The medical world has been polarized in its support for Pieczenik, dividing along the lines of virologists and therapists. The issue is whether research of this nature can be conducted in the laboratory, using tissue cultures rather than live subjects.
On the virologists' side, Max Essex says , "In general, I don't think it's a good idea to use something like this on live subjects, it's much better to try it in the lab." Clinicians, however, are more likely to concur with their colleague Dr. Tillman Pierce of St. Luke's-Roosevelt Hospital in New York, who says , "It is useless to test method like this in the lab because we simply don't know where the battle is takin place. We can't be sure whether to test the virus in a test tube on blood cells, skin cells, or lymph cells. In addition, there is no animal model for AIDS, so the way in which [Pieczenik's] research was conducted was the only possible method."
"Anyone who understands the theory supports it," ay Pieczenik. "We have made an end run around the viral gardeners . There is no way virologists can identify a clinically nonpathogenic strain in tissue culture. You have to look for these strains in healthy people." Indeed, many scientists agree with him, and Pieczenik's proponents include some notable scientists, including Sir Aaron Klug, director of Cambridge University's Medical Research Council and the 1982 Nobel Prize winner in chemistry for his work on nucleic acids and genetics. He speaks glowingly of his longtime associate Pieczenik, saying, "Although George is very unorthodox, I have the utmost re spect for him a scientist." He calls Pieczenik's theory "very neat, elegant, and original," while at the same time stressing that "Dr. Pieczenik is quite certified ethically. The patients were on death's door and the therapy was carried out under the laws of informed consent. Any doctor has the right to carry out such work if the risks are enumerated to the patients beforehand."
Klug points to the high success rate in Pieczenik' test group as evidence that the treatment might work on a larger scale. "This virus," he says, "is morphic, constantly changing, and it needs a lot of further study. Pieczenik's work must continue."
The possibility of mutation raises the chilling question, What would happen if the virus mutated so that it was either windborne or more infectious? Pieczenik is unruffled by such a scenario, dismissing it by saying, "Usually in evolution, the push is not toward the more virulent. If it did occur, transmission and death would accelerate, and the rate of spread would low down."
PIECZENIK'S TALE HAS ECHOES OF past epidemic . In the 1950s, when polio was creeping insidiously through the bathhouse and swimming pools of Europe and the U.S., there was a frenzy for a cure. Live virus research, at that time done by Albert Sabin, was regarded with skepticism and lacked governmental support; Sabin was forced to go to the Soviet Union to test his vaccine. Indeed, it was Jonas Salk who was heralded a the discoverer of the polio vaccine, yet today, his dead virus cure is not used; Sabin's is .
Pieczenik points to a similar scenario today, his research having met with a thundering silence from the federal government. When Rock Hudson was stricken with AIDS in 1985 , he points out, so slow and ineffective was the U.S. system that the actor was forced to go on a pathetic pilgrimage to France in his dying days to try an untested cure. "Until the President of the United States comes down with AIDS like Franklin Roosevelt did with polio," says Pieczenik, "nothing significant will be done to help clinicians fight this disease."
Pieczenik likens the government's handling of AIDS to its treatment of the Vietnam War - the "amplification of an error" - arguing that the government is too committed to the prevailing AIDS ideology to admit that there may be alternatives. Nevertheless, he believes his vaccine to be the most promising on the medical scene today. "Scolaro [the physician with whom Pieczenik has been working] has more clinical experience with AIDS than any physician or scientist at NIH. He has more clinical smell for this disease than anyone, and if anyone is to crack it, I think it will be us."
The debate over live virus vaccines is far from resolved, however. Despite the success of the Sabin polio vaccine, there has been a movement in recent years to halt its use because of the light but nevertheless real danger that live vaccines can actually cause disease in otherwise heathy individuals. Pieczenik says his cure is not of commercial interest to pharmaceutical companies because of the live virus "liability," and that the FDA also believes it to be too risky for use on human subjects. "Our work,'' Pieczenik says, "is to develop a potential competing vaccine that will never revert."
"Conventional therapies are just a choice of two evils. AZT lets you choose to die of a lymphoma, and the morphine drip simply cushions your eventual death."
Other researchers, including AIDS physician Dr. Charles Carpenter of Rhode Island's Miriam Hospital, agree that there is a dearth of effective remedies. On the issue of whether Pieczenik' competing vaccine is an ethical one, Dr. Carpenter remarks, "Ultimately, the prerogative is the patient's alone. The research is well worthwhile, and we have to explore all avenues."
Some of Pieczenik' staunchest opposition has come from members of the AIDS activist group ACT UP (although there are also supporters of Pieczenik among its ranks - there's a popular misconception that AIDS activists stand unified in their views). New York ACT UP leader Mark Harrington bristles at the mention of Pieczenik's work. "I think there are a lot of questions about the pathogenesis of AIDS and I don't think these people are helping. They jeopardize human patients and use them as guinea pigs." On the other hand, ACT UP member and New York lawyer David Samuels, himself a potential patient, is enthusiastic about Pieczenik's therapy, which follows a phenomenon called "pairing" or "clustering" that he urges researchers to notice. Even before Pieczenik's research trials began, one of the donors of the" safe" strain was found to have possibly ameliorated the condition of a person with AIDS he was sleeping with. In this case, the donor, by reinfecting a sexual partner in declining health with his competitive nonpathogenic strain of the virus, appears to have helped slow the rate of decline and even helped improve his condition.
Samuels urges that "recruitment has to continue in order to find new donors ," noting that the prime blood donor for Pieczenik's project has "begun to reconvert from nonpathogenic HlV-positive to HIV-negative, making him normal and nonuseful." Also, because no two strains of a virus are exactly alike, there may be donors out there with better, more effective competitive nonpathogenic trains than the ones that have already been found.
For now, Pieczenik' initial trials have not been expanded as a courtesy to NIH officials who have a asked for more time to understand the work. There is however, at least a first glimmer of interest in Pieczenik's work by the establishment: [Dr Anthony Stephen Fauci (born 1940)], head of the National Institute for Allergy and infectious Disease and a member of the U.S. AIDS Commission, asked Pieczenik to speak in Washington last January.
Pieczenik, known by his friends and colleagues as "the last of the just," is optimistic. Looking out the window on a gloomy afternoon, Pieczenik concludes with a hint of optimism, "Maybe someday down the line we can reverse history. One theory has it that AIDS exploded all over the U.S. when a handsome airline steward traveled coast to coast spreading the disease. Perhaps by finding the right man, perhaps he can do the same thing for us in reverse, acting like a virological Angel of Life." In these times of uncertainty and paranoia, such hopes are indispensable.
https://quod.lib.umich.edu/c/cohenaids/5571095.0084.046?rgn=main;view=fulltext
https://www.newspapers.com/image/120340760/?terms=pieczenik%20vaccines&match=1
1995-12-10-the-sydney-morning-herald-pg-19-clip-aids
https://www.newspapers.com/image/224938499/?terms=%22george%20Pieczenik%22&match=1
2004-04-24-the-courier-news-bridgewater-nj-pg-e-3-clip-cartoon-rage
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http://www.sec.gov/comments/s7-12-09/s71209
2009 (July 22) - " For example, let's say a VP at Calgene buys puts when it becomes obvious that the Flavr Savr tomato is tomato puree. Would this be a legitimate form of Executive Compensation approved under TARP?"
http://patlitfundamentals.com/PatentLitClassDocts/Pieczenik%20Complaintpdf.pdf
2010-05-patlitfundamentals-com-pieczenik-complaint.pdf
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Last month, the Federal Circuit affirmed a decision by the District Court for the District of New Jersey dismissing Plaintiff-Appellant Dr. George Pieczenik's complaint for failing to state a claim on which relief could be granted, as well as dismissing his charge of copyright infringement and denying his request for compulsory mediation and motion for recusal.
Dr. Pieczenik is the inventor and owner of U.S. Patent No. 5,866,363, which is entitled "Method and means for sorting and identifying biological information, and which is directed to, inter alia, populations of oligonucleotides encoding peptide sequences of about 4 to about 12 L-amino acid residues, populations of peptides of about 4 to about 12 amino acid residues, and methods of producing a population of epitopic peptide sequences. Dr. Pieczenik initiated the suit that led to the appeal by filing four separate complaints against 88 defendants, asserting infringement of the '363 patent as well as violation by some of the defendants of the Racketeer Influenced and Corrupt Organizations (RICO) statute. The District Court dismissed the complaints sua sponte for failure to meet the minimum pleading requirements under the Federal Rules of Civil Procedure, and provided Dr. Pieczenik with an opportunity to correct the defects in a single consolidated amended complaint. Following Dr. Pieczenik's filing of the consolidated amended complaint, all 88 defendants moved to dismiss the second complaint for failure to meet the requirements of Rule 12(b)(6) of the Federal Rules of Civil Procedure. The District Court granted the motion, and Dr. Pieczenik appealed.
The Federal Circuit begins by noting that while pro se litigants are generally held to a lesser standard than lawyers with regard to whether a complaint should be dismissed for failure to state a claim, a complaint must still contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face (citing Hughes v. Rowe, 449 U.S. 5 (1980), and Ashcroft v. Iqbal, 556 U.S. 662 (2009)). With respect to Dr. Pieczenik's infringement claim, which the District Court dismissed, the Federal Circuit explained that:
The complaint states that the '363 patent is infringed by defendant Invitrogen's sale of "vectors for the display of combinatorial libraries" and "DynaBeads for Phage Display and BioPanning," id. at 40; and by the purchase of combinatorial libraries produced by New England Biolabs by forty-one named defendants, namely: Abbott Laboratories, Abbott Laboratories, Inc., Amgen Inc., Amgen USA, Inc., AstraZeneca LP, AstraZeneca Pharmaceuticals LP, Baxter Diagnostics, Inc. (now Baxter Healthcare Corp.), Bayer Cropscience Inc., Biogen Idec Inc., Biogen Idec U.S. Corp., Boehringer Ingelheim Vetmedica, Inc., Boehringer Ingelheim Roxane, Inc., Bracco Diagnostics, Inc., Canon, U.S.A., Centocor Ortho Biotech Products, L.P., Centocor Ortho Biotech Services, LLC, Centocor Ortho Biotech, Inc., Daiichi Sankyo, Inc., E.I. du Pont de Nemours & Co., Dyax Corp., GE Healthcare Biosciences Bioprocess Corp., GE Healthcare Bio-Sciences Corp., GE Healthcare Inc., GE Healthcare Strategic Sourcing Corp., GlaxoSmithKline LLC, Howard Hughes Medical Institute, IDEXX Reference Laboratories, Inc., Invitrogen Corp., Millennium Pharmaceuticals, Inc., Monsanto Ag Products LLC, Monsanto Co., Novartis Corp., Novartis Pharmaceutical Corp., Novartis Vaccines and Diagnostics, Inc., OSI Pharmaceuticals, Inc., Shionogi Pharma Sales, Inc., Shionogi Pharma, Inc., Shionogi USA Holdings, Inc., Shionogi USA, Inc., Syngenta Crop Protection, Inc., and Syngenta Seeds, Inc.
On appeal, Dr. Pieczenik argued that the District Court erred in dismissing his counts of patent infringement, suggesting that "[t]he fact that amino acid sequence SER-VAL-SER-VAL-GLY-MET-LYS-PRO-SER-PRO-ARG-PRO was isolated and made by several defendants [and that this] came out of the combinatorial library claimed in Plaintiff-Appellant's '363 patent" was sufficient "evidence of infringement." However, the Federal Circuit noted that Dr. Pieczenik did "not discuss the criteria of patent infringement or identify which of the named defendants isolated or made the asserted sequence." (Dr. Pieczenik also failed to specify which of the 92 claims of the '363 patent the defendants had infringed, arguing that each defendant infringed "one or more claims of the '363 patent.") The Court therefore concluded that:
No error has been shown in the district court's rulings as to the inadequacy of the complaint's recitation of the basis for the charges that any or all of the forty-one listed defendants infringed the '3[6]3 patent by purchasing libraries from NEB; that Invitrogen infringed the '3[6]3 patent through its sale of vectors for the display of combinatorial libraries and DynaBeads; or that any other defendant infringed the '3[6]3 patent by making, using, or selling any other product or process covered by the patent's claims.
While not directly related to the patent infringement claims, Dr. Pieczenik's arguments that the District Court erred by denying his motion for recusal and determining that he failed to state the premises of a claim for copyright infringement are somewhat interesting. With respect to the motion for recusal, the Federal Circuit explained that:
Dr. Pieczenik recited seven grounds for recusal: (1) the possibility that Judge Pisano holds shares in any of the defendant public companies; (2) Judge Pisano's alleged favoritism toward opposing counsel; (3) Judge Pisano's denial of requested discovery; (4) Judge Pisano's failure to hold a Markman hearing; (5) Judge Pisano's "hidden agenda" as evidenced by consolidation of the four original actions into a single action; (6) Judge Pisano's failure to remove Milbank Tweed Hadley McCloy LLP as pro hac vice counsel in this matter; and (7) Judge Pisano's prejudices against pro se litigants, against Jewish litigants, against "scientists acting as lawyers," against inventors who litigate their patents, and against science generally.
In affirming the District Court's denial of the recusal motion, the Federal Circuit concluded, however, that "Dr. Pieczenik has not shown any basis for questioning Judge Pisano’s impartiality . . . or that Judge Pisano is or may be personally biased or prejudiced against Dr. Pieczenik."
In his motion in limine on the copyright claim, Dr. Pieczenik argued that the defendants violated his copyright by quoting, in their brief, statements made by him during a lecture to a biochemistry class at Rutgers University, relating to the ease and benefits of pro se litigation in federal court. The Federal Circuit determined that to the extent that Dr. Pieczenik held a copyright to the lecture material, "this was a fair use of the quotation."
The Federal Circuit concluded by affirming the District Court's refusal to grant Dr. Pieczenik 's request for compulsory mediation, finding that the District Court did not abuse its discretion in declining to compel mediation.
Pieczenik v. Bayer Corp. (Fed. Cir. 2012)
Nonprecedential disposition
Panel: Circuit Judges Newman, Mayer, and Plager
Opinion by Circuit Judge Newman
2012 - passing ofGOLDSCHEIDER--Robert
Guestbook signed by George Pieczenik 0 https://www.legacy.com/obituaries/nytimes/obituary.aspx?n=robert-goldscheider&pid=158399521
2020-02-medical-case-reports-and-reviews-a-strategy-for-rapidly-making-a-vaccine-and-treatment-for-the-disease-caused-by-wuhan-cv-g-pieczenik
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2020-02-medical-case-reports-and-reviews-a-strategy-for-rapidly-making-a-vaccine-and-treatment-for-the-disease-caused-by-wuhan-cv-g-pieczenik-article-info
https://www.oatext.com/pdf/MCRR-3-140.pdf
2020-02-medical-case-reports-and-reviews-a-strategy-for-rapidly-making-a-vaccine-and-treatment-for-the-disease-caused-by-wuhan-cv-g-pieczenik-pdf.pdf
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https://www.semanticscholar.org/author/G.-Pieczenik/5662591?sort=pub-date&page=2
part 2 ?
https://www.oatext.com/pdf/MCRR-3-143.pdf
a part 3 ?
George Pieczenik
Rutgers University, School of Environmental and Biological Sciences, New Brunswick, N.J. 08901, USA
Timothy Qi
Rutgers University, School of Environmental and Biological Sciences, New Brunswick, N.J. 08901, USA
Gerben Zylstra
Rutgers University, School of Environmental and Biological Sciences, New Brunswick, N.J. 08901, USA
DOI: 10.15761/MCRR.1000140
Peptide vaccines have been successfully developed from identifying epitopes that induce antibodies in various diseases. (https://www.who.int/biologicals/vaccines/synthetic_peptide_vaccines/en).
The Wuhan seafood market pneumonia virus isolate Wuha-Hu-1 Corona genome has been completely sequenced. The possible coding has also been elucidated. NC_045512.2) (https://www.ncbi.nlm.nih.gov/nuccore/NC_045512 )
An epitope search using the known epitopic sequences for other viruses and the tools available on (https://www.iedb.org/) has elucidated 184 possible similar epitopic peptide sequences coded by the Wuhan Corona Strain.
Most of these epitopes cluster in the Spike protein region of the WCS virus and are homologous to the SARS virus’ Spike protein sequences.
Similar locations have been identified in various other viruses (Role of the Spike Glycoprotein of Human Middle East Respiratory Syndrome Coronavirus (MERS-CoV) in Virus Entry and Syncytia Formation
Zhaohui Qian, Samuel R. Dominguez, Kathryn V. Holmes Plos One, 11 October 2013 | Volume 8 | Issue 10 | e76469).
The 184 possible epitopic peptide sequences are listed in Excel tables (Supplementary File)
One or more of these epitopic peptide sequences can be used to induce an immune response if linked to larger immunogenic proteins or structures (see peptide vaccines above).
However, how can we identify the actual and not theoretical epitopic sequence that induces an immune response?
If one can get access to serum and isolate using staph A or staph G columns the antibodies in patients who have survived infection with the WCV, then one can map the binding sequence of these antibodies using recombinant phage display libraries (US patent 5,866,363 and New England Biolabs, phage display library protocols).
These methods will identify a specific peptide sequence which binds an antibody from patients having been infected by WCS. If this peptide sequence corresponds to the 184 identified here, then it gives one a certain sense of confidence that this is the specific peptide sequence part of the induction of the antibodies to the WCS.
This peptide sequence can then also be used as a target for a combinatorial library binding, amplification and purification. This will identify a peptide sequence which will bind the WCS directly. It will act as an antibody mimic but much smaller and can be used for targeting the WCS directly for treating the disease. Let’s call this the complementary peptide (CP). CP can be linked to a ligand that can inactivate the WCS virus.
The above strategies can be effectuated within one month and are worth trying.
This paper is dedicated to the memory of [Dr. Norton David Zinder (born 1928)], GP’s professor and colleague. GP would like to acknowledge clinical discussions with Dr.Steve Pieczenik, MD, Phd. and Dr. Steve Dell, MD. :
article info :
Editorial Information
Editor-in-Chief
Article Type
Communication
Publication history
Received date: February 08, 2020
Accepted date: February 11, 2020
Published date: February 13, 2020
Copyright
©2020 Pieczenik G. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Citation
Pieczenik G (2020) A strategy for rapidly making a vaccine and treatment for the disease caused by the Wuhan-Corona Virus (WCV). Med Case Rep Rev 3. DOI: 10.15761/MCRR.1000140
2020-02-a-strategy-for-rapidly-making-a-vaccine-and-treatment-for-the-disease-caused-by-wuhan-cv-g-pieczenik
2020-02-a-strategy-for-rapidly-making-a-vaccine-and-treatment-for-the-disease-caused-by-wuhan-cv-g-pieczenik-article-info
https://www.oatext.com/Electron-tunneling-in-microtubules-A-model-explaining-both-mendelian-genetics-and-quantum-computing-memory.php
Electron tunneling in microtubules: A model explaining both mendelian genetics and quantum computing memory
George Pieczenik
Mt. Sinai Hospital, New York, USA
Harvard University, Cambridge, Massachusetts, USA
Medical Research Council of Molecular Biology, Hills Road, Cambridge, England (Visiting Scientist), UK
Srul David Pieczenik
Université de Toulouse, L’Ecole de Medecine. Toulouse, France
Mt. Sinai Hospital, New York, USA
DOI: 10.15761/COGRM.1000152
Article
Article Info
Author Info
Figures & Data
A simple structural model for microtubules, with stacked disulfide bonds along its axis explains both informational and structural functions for microtubules.
1) Stacked disulfide bonds allows for the delocalization of the common electron orbital down the whole length of the microtubules.
2) This sulfhydryl electron delocalization is a tunneling phenomena and it is temperature independent. The delocalization is regulated as a Josephson junction with Cooper pairs of electrons [1-3].
3) Each microtubule is composed of thirteen microfibrils which are the molecules with the stacked sulfhydryls which allow for temperature independent electron tunneling down its length.
There are two dramatic consequences of this model:
Mitochondria can channel electrons from the centriole to the kinetochore to allow for chromosome movement that is both temperature and mass load independent. This allows for all chromosomes to divide at the same velocity This velocity is independent of chromosome size and temperature. It is a tunneling phenomena and not a biochemical reactions, per se. Chromosomes moving at the same speed will not create anaploid embryos. This model for microtubule tunneling also predicts the independent and random assortment of Mendelian genes as explained by the Boveri-Sutton hypothesis. Electron tunneling from the centriole to the kinetochore is the driving electro chemistry for chromosomes to move at the same velocity. One can imagine different length subway trains on different tracks, with the third rail carrying the tunneling electrons. The tracks unravel behind each train as they all move towards the converging station (centriole) at the same velocity independent of the number of subway cars on each track. This model is in contradiction of a push or pull microtubule model of chromosome movement. It explains why all chromosomes move independent of mass and size together. This is a physical necessity to explain the Boveri-Sutton hypothesis which in turn explains the independent and random assortment of Mendelian genes by placing them on chromosomes which move and sort at the same uniform velocity independent of size or mass. Without this uniformity of chromosome mobility, genes following Mendelian genetics could not exist.
Microtubules as an informational molecule:
Microtubules have been proposed to act as quantum computational molecules. They have also been proposed to act as discrete on-off bit computation molecules [4-8]. My model of the microtubule can be understood with both contexts of computation. The main difference between my models is that I propose the tunneling of sulfhydryl electrons regulated as in a Josephson junction, and using paired Cooper electrons. No one has proposed sulfhydryl stacking and thereby sulfhydryl tunneling. Since the microtubule can consist of 13 on/off microfilaments this would be the simplest model in the discrete computation case. It would have 2**13 bits of information for each microtubule. In a quantum computation model of the microtubules, each microfilament can be in a state where each Cooper electron pair is in superposition between all the other microfilaments. Each tunneling pair can be “phased”, thereby creating more computational power. In addition, the Cooper pairs will have the square of the number of quantum states available to each electron creating even more computational power. The translation of the final state only depends on the interaction of the microfilament at its membrane junction where the local environment will receive the electrons. The membrane surface would then be the final computational state. This allows “memory” to be dissociative throughout the microtubule matrix in the brain [9-11].
Mitochondria, will be pumping electrons through these channels, to activate the “computation”, much like they activate chromosome division in both meiosis and mitosis. This model is easily tested as sulfhydryls can be doped in a random manner by mercury and/or gold. The phenomena discussed above would then be characterized by a Poisson type inhibition. Alternatively, one can develop a functional cell-free mitotic apparatus, where chromosomes can be moved by the addition of external factors and mitochondria. This system can then be tested directly for temperature independence and tunneling of electrons.
Acknowledgement
GP dedicates this paper to the memory of Lenard Ornstein and Baruch Davis, inventors of discontinuous acrylamide gel electrophoresis and his thesis professors at Mt. Sinai Hospital, NYC. Contact Primary Author at GPieczenik@yahoo.com.
References:
Josephson B (1962) Possible New Effects in Superconductive Tunneling. Phys Lett 1: 251-253
Cooper L (1956) Bound Electron Pairs in a Degenerate Fermi Gas. Phys Rev 104: 1189–1190.
Sutton W (1903) The chromosomes in heredity. Biol Bull 4: 231-251.
Hunt A, McIntosh J (1998) The Dynamic Behavior of Individual Microtubules Associated with Chromosomes In Vitro. Mol Biol Cell 9: 2857–2871. [Crossref]
Zhang X, McGill S, Xiong P, Wang X, Zhao J (2014) Probing the thiol-gold planar interface by spin polarized tunneling. Appl Phys Lett 104: 152403.
Hameroff S, Marcer P (1998) Quantum Computation in Brain Microtubules? The Penrose-Hameroff 'Orch OR' Model of Consciousness. Phil Trans (Math, Phys and Eng Sci) 356: 1743.
Hameroff S (1998) Quantum Computation: Theory and Experiment. Royal Soc 356: 1869-1896.
Penrose R (1997) On understanding. Inter Studies in the Phil of Sci 11: 7-20.
Sahu S, Ghosh S, Hirata K, Fujita D, Bandyopadhyay A (2013) Multilevel memory switching properties of a single brain microtubule. Appl Physics Lett 102, 123701.
Crick F, Koch C (1990) Towards a Neurobiological Theory of Consciousness. The Neurosci 2: 263275.
Crick F, Brenner S, Klug A, Pieczenik G (1976) A Speculation on the Origin of Protein Synthesis. Orig Life 7: 389–397. [Crossref]
Editorial Information
Editor-in-Chief
Lee P. Shulman
Northwestern University
and
Amos Ber
Tel Aviv University
Article Type
Mini Review
Publication history
Received date: July 24, 2016
Accepted date: August 05, 2016
Published date: August 09, 2016
Copyright
©2016 Pieczenik G. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Citation
Pieczenik G, Pieczenik SD (2016) Electron tunneling in microtubules: A model explaining both mendelian genetics and quantum computing memory. Clin Obstet Gynecol Reprod Med 2: doi: 10.15761/COGRM.1000152
https://en.wikipedia.org/w/index.php?title=George_Pieczenik_Smith&redirect=no
2021-05-24-wikipedia-org-george-pieczenik-smith.pdf
https://drive.google.com/file/d/1M-ltigxtHejzkm2g8NsIVlbj142DI1S-/view?usp=sharing
https://en.wikipedia.org/wiki/George_Smith_(chemist)
2021-06-04-wikipedia-org-george-smith-chemist
https://drive.google.com/file/d/1HKW6YjnqGpn-MaZKAjioHUe_JWXXWzUl/view?usp=sharing
Links to ..
George Pearson Smith (born 10 March 1941)[3][4] is an American biologist and Nobel laureate.[5] He is a Curators' Distinguished Professor Emeritus of Biological Sciences at the University of Missouri in Columbia, Missouri, US.
[...]
Born in Norwalk, Connecticut, he earned his A.B. degree from Haverford College in biology, was a high school teacher and lab technician for a year, and earned his PhDdegree in bacteriology and immunology from Harvard University.[6] He was a postdoc at the University of Wisconsin (with future Nobel laureate Oliver Smithies) before moving to Columbia, Missouri and joining the University of Missouri faculty in 1975. He spent the 1983–1984 academic year at Duke University with Robert Webster where he began the work that led to him being awarded a Nobel Prize.[7][8][9][2][10]
He is best known for phage display, a technique where a specific protein sequence is artificially inserted into the coat protein gene of a bacteriophage, causing the protein to be expressed on the outside of the bacteriophage. Smith first described the technique in 1985 when he displayed peptides on filamentous phage by fusing the peptide of interest onto gene III of filamentous phage.[8] He was awarded the 2018 Nobel Prize in Chemistry for this work, sharing his prize with Greg Winter and Frances Arnold.
Smith is an advocate for equal rights for Palestinians and Israeli Jews in their common homeland, and a strong supporter of the Boycott, Divestment and Sanctionsmovement.[11] On the topic of religion, Smith is quoted as saying "I'm not religious or Jewish by birth. But my wife is Jewish and our sons are bar-mitzvahed, and I'm very engaged with Jewish culture and politics.[12]"
2000 University of Missouri Curators' Professor[13]
2001 Elected Fellow – American Association for the Advancement of Science (AAAS)[13][14]
2007 American Society for Microbiology Promega Biotechnology Research Award[15]
2018 Nobel Prize in Chemistry together with Greg Winter and Frances Arnold[16]
George Smith
George Smith during Nobel press conference in Stockholm, December 2018
Born
George Pearson Smith[1]
10 March 1941 (age 80)
Citizenship
Education
Known for
Spouse(s)
Marjorie Sable[2]
Awards
Scientific career
Fields
Institutions
Professor, University of Missouri
Visiting Professor, Duke University
Postdoctoral Scholar, University of Wisconsin–Madison
The variation and adaptive expression of antibodies. (1970)
https://www.nytimes.com/1970/06/11/archives/novelty-reigns-at-bridal-in-maryland.html
1970-06-11-nytimes-novelty-reigns-at-bridal-in-maryland.pdf
https://drive.google.com/file/d/1ssJ8jvrIdGcubQ-8BAuf9SetSNSsYsvA/view?usp=sharing
June 11, 1970
ABERDEEN, Md., June 10 —Miss Janie Elizabeth Horan and George Pearson Smith were married twice today. The first time was in a civil ceremony at the nearby Bel Air courthouse. The second time was in a ceremony at the home of the bride groom's parents on Paradise Road here, where the couple exchanged limericks instead of vows.
Besides the limericks—the couple had composed them the day before—the ceremony included dramatic readings from weddings of literature “The Taming of the Shrew,” “Our Town,”). The music was a taped medley put together by the bride, and it included Julian Bream concerts for lutes, English harpischord music, the Rolling Stones, Benny Goodman and the Mickey Mouse Birthday Song.
Afterward, the couple joined their 80 guests for a competitive buffet reception of games, including Pop the Balloon, Pin the Tail on the Donkey and Spin the Bottle.
The guests, including the bride's fellow teachers and teen‐age students from the Westtown (Pa.) Friends' School, had been asked to dress “outrageously”—a re quest that produced a variety of costumes from Elizabethan outfits to dungarees.
The unusual ceremony grew out of a suggestion by the bearded, bespectacled bride groom that the guests be asked to make a donation to either the American Friends' Service Committee or the Save the Children Fed eration, instead of sending wedding presents.
But the arrangements were made by the slight, blond bride while her fiancé was busy as a research fellow at the genetics department of the University of Wisconsin.
Mrs. Smith, who has been to several traditional wed dings, which she found “ter ribly boring,” set out to de sign a wedding celebration that would be “fun and memorable.”
She made her own multi colored gypsy wedding dress and decorated the three‐ tiered wedding cake with miniature figures of Super man, Mickey Mouse, frogs, dinosaurs, spacemen and American flags. The cake it self was imbedded with cryptic messages, such as “Go to Jail, Do Not Pass Go, Do Not Collect $200.”
The couple met two years ago when she was working in Boston and he was study ing for his Ph.D. at Harvard. When her cat, Thucydides, climbed a tree in Fenway Park, Mr. Smith happened by and helped her retrieve it.
Thucydides now makes his home with the bride's par ents, Mr. and Mrs. John D. Horan of Stonington, Conn. Her father is a supervisor with the Electric Boat divi sion of the General Dynamics Corporation in Groton, Conn. The bridegroom's parents are Col. A. Mark Smith, U.S.A., retired, and Mrs. Smith.
The bride was graduated from Trinity College and her husband was graduated from Phillips Academy in Andover, Mass., and from Haverford.
After a camping trip to visit the bride's sister in California, the couple will make their home in Madison, Wis.
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His HS graduation yearbook - https://www.ancestry.com/imageviewer/collections/1265/images/sid_3721_1958_0086?usePUB=true&_phsrc=llt235&_phstart=successSource&usePUBJs=true&pId=569197008
Different person than George Pieczenik