Interference No. 103,203
As to the numerous modifications throughout NRE 277, Dr. Bach testifies that
The modifications that are -- appear on this document [NRE 277], with the
exception of those circles, or those green circles, were all done on February 3,
1987. And they were -- the additional information that occurs in the later pages of
the document with respect to DNA sequence was derived from a computer printout
that was printed out on that date and handed to me [NRE 278] [emphasis added]
[NR 103, line 24 - p. 104, line 6].
Dr. Bach further testifies that the entire page 5 of NRE 277 was “clearly a rewrite,
it’s not written over or modified from the original page, it’s a rewrite of this page [MS&Y
7701], plus additional information.” NR 108, lines 1-6. Dr. Bach also testifies with respect
to some of the other modifications on the revised document (NRE 277). Specifically, he
testifies that (i) on page 2 (MS&Y 7689, line 20) a “GGA” codon was changed to “GGG”
and a “CCT” was changed to a “GCT”; (ii) on page 3 (MS&Y 7690, line 22) additional
16
sequence was added from residue 132 to 144 (peptide 58a); (iii) on page 4 (MS&Y
7691, line 10), he did not originally indicate peptide 84b which runs from amino acid
residue 170 to 181; and (iv) on page 5 (MS&Y 7692, line 2), in addition to the entire page
being rewritten, codon 5 was a copying error on his part. NR 105-108.
With respect to page 6 (MS&Y 7693), which has the greatest number of
modifications (reproduced above), Dr. Bach states:
And the indicated open reading frame for the amino acids runs from 251,
which is a glycine, and terminates with 263, which is a serine. There is [sic, are] a
codon and amino acid markings that are crossed out and written over in some
instances, which indicate that -- that at some point we terminated the sequence at
what would have been a Histidine 259 followed by a stop codon. And this is
clearly a correction of that -- that previous sequence. Instead of terminating at 259,
we terminated at 263 [NR 110, lines 3-11].
16When asked when the information about the additional peptide sequence (peptide 58a) was
obtained, Dr. Bach stated, “I can’t date that exactly, but it was sometime prior to 2-3-87.” NR 106, lines 22-
23.
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