STICE et al v. CAMPBELL et al - Page 9



          Interference 104,746                                    Paper 123           
          Stice v. Campbell                                                           
               25. Kane testified that he signed the notebook on the date             
          indicated.  (SX 2052 at 1.)                                                 
               26. Stice argues that "this is the first date [22 June                 
          1995] indicating the conception by Dr. Steven Stice of a method             
          of using differentiated donor cells (i.e. fibroblast cells) as              
          donor cells for subsequent nuclear transfer experiment from which           
          offspring could be generated.  The conception corresponds to the            
          subject matter of the Counts."  (Paper 115 at 8–9.)                         
               27. Stice has not, in its principal brief, directed our                
          attention to any expert testimony or other evidence supporting              
          its assertions regarding the critical sentence and its relation             
          to any of counts 4–6.                                                       
               28. Dr. Stice testified, "[t]hat entry [SX 2055] indicates             
          that I wanted to try the process of electroporation on fibroblst            
          cells in order that they may be used to produce nuclear transfer            
          embryos from the cloned cells.  I also indicated in my notebook             
          that I wanted to talk to my colleague, Dr. Jose Cibelli,                    
          regarding developing this technology."  (Stice declaration,                 
          SX 2050 at 2–3.)                                                            
               29. We find no explanation in Stice's declaration of the               
          relation of his sentence to the limitations of any of the Counts.           
               30. According to Stice, on another page of Dr. Stice's                 
          laboratory notebook, in an entry dated 27 June 1995, Dr. Stice              
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