Interference No. 102,572
29
designed the probes. And no one corroborated the oligonucleotide request, what the
actual request was, and the making of such probes and the transfer of such probes to
Holmes. Cabilly et al. argue that it is irrelevant that Holmes (1) did not identify from whom
in the lab he received oligonucleotides and (2) did not examine the sequence of
oligonucleotides he received because he used the oligonucleotides for its intended
purpose and sequenced the resulting clones. We disagree. Holmes testimony requires
corroboration. Corroboration may be by a witness or by
29Prior to 1983, there were only three approaches to designing oligonucleotide
probes to screen libraries. Amgen Inc. v. Chugai Pharmaceutical Co., 13 USPQ2d 1737
(D. Mass. 1989) .
39
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