GRAY et al v. ALTON et al - Page 10




                               signature is referred to in Dr. Stabinsky’s testimony.  The notebook page has the
                   
                               heading “Synthesis of Tac II promoter and linker for Immune Interferon (For K.
                      
                               Alton)” and states that: 
                                                                           
                               This linker will be used to express the Immune interferon gene that
                                 
                               lack the first three amino acids (from the N-terminus) through the                                   
                               Trp control region.                                                                                  

                       25.     Under the portion of the notebook page reading “Witnessed & Understood by                            
                               me”, no signature appears.  Moreover, we see no witnessing signature elsewhere                       
                               on the notebook page. Accordingly, it does not appear that the notebook page                         
                               was witnessed.                                                                                       
                       26.     A linker sequence set forth on the notebook page (at FF 24) is the same as the                       
                               linker sequence found in the notebook page referred to in Dr. Alton’s testimony                      
                               (at FF 17).                                                                                          
                                                       The Gray et. al publication                                                  
                       27.     Dr. Alton refers to a publication by Gray et al. (“Gray”)9 (Exh. 1011) in his                        
                               testimony.  (Exh. 1 at ¶ 3).                                                                         
                       28.     According to the Gray publication, IFN-( has anti-viral and anti-proliferative                       
                               effects. (Exh. 1011 at 503).                                                                         
                       29.     The publication date of Gray is prior to Dr. Alton’s work in October of 1982.                        





                       9       Gray et al., Nature, 295:503-508 (Feb. 1982).                                                        
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