GRAY et al v. ALTON et al - Page 12




               the requirement for some evidence of independent corroboration.”  Coleman v. Dines, 754 F.2d,                       
               353, 360, 224 USPQ 857, 862 (Fed. Cir. 1985).                                                                       
                                                      Dr. Alton’s testimony                                                        
                       Dr. Alton’s testimony indicates that he came up with a procedure for constructing [Met-1,                   
               des-Cys1, des-Tyr2, des-Cys3]IFN-( and recorded the procedure in his notebook on 18 October                         
               1982. (FFs 16(c) and (d)). Dr. Alton testified that he had discussed the preparation of a linker to                 
               be used in the procedure to construct [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( with Dr.                           
               Stabinsky prior to recording the procedure in his notebook (FF 16(e)).                                              
                       Dr. Alton’s notebook page states a plan to construct a gene that will delete the first three                
               amino acids of IFN-( (FF 17). According to the notebook page, the linker to be used to construct                    
               the gene was prepared by Dr. Stabinsky. The linker set forth on the notebook page would                             
               encode Met (from the codon ATG) followed by Gln (from the codon CAG) (FF 19).  Met-Gln                              
               are the first two amino acids of  [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( (FF 16(a)). Thus,                      
               Dr. Alton’s testimony and the notebook page are consistent with one another.  We give                               
               Dr. Alton’s notebook page no more weight than Dr. Alton’s testimony as the notebook page does                       
               not appear to have been witnessed (FF 18). See Reese v. Hurst v. Wiewiorowski, 661 F.2d at                          
               1231, 211 USPQ at 945.                                                                                              
                                   Corroboration of Dr. Alton’s testimony and notebook page                                        
                       Dr. Stabinsky’s testimony indicates that she prepared a linker for the purpose of                           
               producing [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( (FF 23(a)). Dr. Stabinsky’s notebook                           
               page indicates that a linker for immune interferon for “K. Alton” was synthesized (FF 24). The                      
               linker recorded on Dr. Stabinsky’s notebook page is the same as the linker recorded on Dr.                          


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