GRAY et al v. ALTON et al - Page 7




                                      published in 1982 by Gray et al. According to the Gray publication, the                      
                                      first four amino acids of  IFN-( are Cys, Tyr, Cys, Glutamine (“Gln”).                       
                                      (Exh. 1 at ¶ 3).                                                                             
                              (b)     “Around 1982", “we” began constructing IFN-gamma analogs by either                           
                                      omitting or substituting certain amino acids.  The analogs were to be                        
                                      analyzed for their specific anti-viral and anti-proliferative activities.  (Exh.             
                                      1 at ¶ 4).                                                                                   
                              (c)     On 18 October 1982, Dr. Alton described a procedure for the construction                     
                                      of [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( requiring a synthetic linker.                  
                                      (Exh. 1 at ¶ 5).                                                                             
                              (d)     Dr. Alton recorded the procedure in his notebook.  (Exh. 1 at ¶ 5).                          
                              (e)     At some time prior to recording the procedure in his notebook, Dr. Alton                     
                                      had discussed preparation of the linker with Dr. Zippora Stabinksy. 5                        
                                      (Exh. 1 at ¶ 5).                                                                             
                       17.  A copy of what is said to be a page from Dr. Alton’s notebook, dated “10/18/82"                        
                              and signed “[illegible] Alton” (Exh. 2)6, states:                                                    





                       5      We note that there is an inventor having the surname Stabinsky.  The parties                         
               inform us that Dr. Zippora Stabinksy is not an inventor (Paper 54 at 7) and thus we understand                      
               inventor Yitzhak Stabinsky and Zippora Stabinksy to be different people.                                            
                       6      The notebook page is referred to as “Exhibit 2" where it is attached to Dr. Alton’s                  
               affidavit and “Exhibit A” where it is attached to Dr. Stabinsky’s affidavit.  We will use the term                  
               “Exh. 2" to refer to the notebook page.                                                                             
                                                                    7                                                              





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