Dr. Stabinsky’s testimony
20. The affidavit of Dr. Zippora Stabinsky (“Stab. Aff.”)7 has been submitted as
evidence of Alton’s conception.
21. According to the parties, Dr. Stabinsky’s affidavit was submitted in a conflict
proceeding in Canada concerning a Canadian counterpart patent application of the
involved Alton applications (Paper 54 at 2).
22. The parties have agreed that Dr. Stabinsky would testify as she did in the
submitted affidavit if called to do so in this interference proceeding. 37 CFR
§ 1.672(h)
23. According to Dr. Stabinsky’s testimony:
(a) She was a colleague of Dr. Alton in 1982. (Stab. Aff. at ¶ 2).
(b) She prepared a linker as shown in Dr. Alton’s notebook which was used to
make [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-(. (Stab. Aff. at ¶ 3).
(c) Her notebook shows the linker and states that the linker is to be used to
express an interferon gene that deletes the first three amino acids from the N-terminus.
(Stab. Aff. at ¶ 3).
24. A copy of what is said to be a page from Dr. Stabinsky’s notebook (“Stab.
Nbk.”)8 dated “10.04.82" and having a signature that is said to be Dr. Stabinsky’s
7 The document having the heading “AFFIDAVIT OF ZIPPORA STABINSKY,
Ph.D” is labeled “EXHIBIT 2". Dr. Alton’s notebook page is also labeled exhibit 2. To avoid
confusion, we will refer to Dr. Stabinsky’s affidavit as the “Stab. Aff.” and not as exhibit 2.
8 The notebook page is labeled as “Exhibit B” where it is attached to Dr.
Stabinsky’s affidavit and “Exhibit 3" where it is attached to Dr. Alton’s affidavit. We will refer
to the exhibit as the “Stab. Nbk”.
9
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