Kirin-Amgen Inc ("Amgen"), a Californian pharmaceutical company, is the proprietor of EP-B- 0148605 relating to the production of erythropoietin ("EPO") by recombinant DNA technology. EPO is a hormone made in the kidney that stimulates the production of red blood cells by the bone marrow. Amgen had sequenced the EPO gene and its leader sequence, which was essential to any method of making erythropoietin and which was disclosed in their patent.