NEMERSON et al. V. EDGINGTON et al. V. LAWN et al. - Page 37


                Interference No. 103,203                                                                                                      

                                                  15                                                                                          
                Exhibits NRE 277 and 278.   Dr. Bach states that he “wrote down the correct sequence of                                       
                the mature Tissue Factor protein on document 277.  And that was written on February 3,                                        
                1987, and it contains the correct nucleotide sequence and the correct amino acid                                              
                sequence for the mature Tissue Factor protein.”  NR 156, lines 20-24.  NRE 277 is a                                           
                handwritten document which is dated “1/23/87” and which consists of six (6) pages of                                          
                nucleotide and amino acid sequence data which are said to have been derived from Dr.                                          
                Bach’s laboratory notebook.  NR 101.                                                                                          
                         Dr. Bach testifies that NRE 277 is a revised version of NRE 275.  NR 101, line 25-                                   
                102, line 2.   According to Dr. Bach, NRE 275 is the original 1/23/87 document (NRE 275)                                      
                which ended on page five (5) (MS&Y 07701) at amino acid 244.  NR 108, lines                                                   
                20-23.  In our review of NRE 277, we find that in addition to containing further nucleotide                                   
                and amino acid sequence data (i.e., beyond amino acid 244), the revised version of the                                        
                1/23/87 document (i.e., NRE 277) contains numerous modifications to said sequences.                                           
                Such modifications include nucleotide and amino acid residues being crossed out and/or                                        
                written over, calculations changed, etc.  For example, page 6 of NRE 277 (MS&Y 7693)                                          
                appears as follows:                                                                                                           












                         15In the portion of Dr. Bach’s testimony relied upon by Nemerson et al., NRE 275 is also                             
                explained.                                                                                                                    
                                                                     37                                                                       



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