Interference No. 102,572
us does not show or confirm the structure of the expression plasmids.
Cabilly testified that he cotransformed E.coli with pKCEAtrp207-1*delta and
pGammaCEAInt2 and expressed refractile bodies. Cabilly et al. allege in their brief (page
14, sec. 4) that this work was done on or about January 21, 1983. Cabilly did not provide
any dates with respect to this work. Therefore, the Cabilly et al. allegation as to when this
work was done is but attorney argument. Id. Cabilly’s testimony requires corroboration.
For corroboration, Cabilly et al. allege that Perry received a sample of
31
cotransformants from Cabilly and that she analyzed these transformants by SDS-PAGE.
While it is true that Perry testified that she received a sample from Cabilly neither Cabilly
nor Perry testified as to the label on the sample and the chain of transfer between the City
of Hope and Genentech. SDS-PAGE analysis by Perry was performed on an unlabeled
and unidentified sample. Perry’s testimony, in our view is insufficient to corroborate
Cabilly’s alleged work, since she did not have first-hand knowledge of how the sample was
made or whether it was made according to the process recited in the count. Her analysis
by SDS-PAGE of such sample would not establish how the sample was made or whether
it was produced by the process of the count and produced the intended Ig molecule of
CEA.66-E3. It would appear that she derived all of her information with respect to the
sample from Cabilly. The burden is on Cabilly et al. to prove that information was not
31The Cabilly et al. brief (page 17) alleges that the SDS-PAGE was run on January
21, 1983. Perry did not provide any date for this run.
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