NEMERSON et al. V. EDGINGTON et al. V. LAWN et al. - Page 40


             Interference No. 103,203                                                                          

                                                     %%%                                                       
                   -- prior to the computer printout that I received on February 3, ‘87, I believed that the   
                   protein terminated at Histidine 259.  The computer printout of that date clearly            
                   shows an open reading frame going out to 263 followed by a stop codon.  And I               
                   have indicated on that computer printout a question mark, circling a cytosine               
                   residue, and written -- above that I have written a “typo ? ?,” meaning was this the        
                   correct sequence or was this a typographical error on input of the data into the            
                   computer.                                                                                   
                          My recollection is that on the previous week we had written the sequence out         
                   to Histidine 259 and -- followed by the stop codon.  I believed at that point, which        
                   was up -- the week preceding the weekend of the end of January, beginning of                
                   February, that we had finished the sequence and had the correct sequence as of --           
                   out to 259.                                                                                 
                                                     %%%                                                       
                   On Tuesday, which is February 3rd, I received a new computer printout, which                
                   indicated a different carboxy terminal in the protein.  That surprised me, that is why I    
                   made the marking on the computer printout questioning whether that residue, in              
                   fact, was a cytosine or a typographical error.  On rechecking of the data that was          
                   inputted into the computer, it clearly was not a typographical error, therefore, I          
                   changed this document before me, [MS&Y] 7693, to reflect the fact that the protein -        
                   - that the DNA sequence indicated that the protein sequence terminated at 263               
                   rather than 259 [emphasis added] [NR 110, line 3- 111, line 18].                            
                   Dr. Bach testifies that he informed Drs. Nemerson and Konigsberg as well as other           
             members of the group, in particular, Drs. Spicer, Bloem and Horton, on February 3 and 4,          
             1987, that the tissue factor protein was 263 amino acids in length, and not 259.  NR 112,         
             line 8- NR 113, line 1.                                                                           
                   Conspicuous in its absence, is any explanation by Dr. Bach as to how he was able            
             to determine the complete and correct nucleotide sequence of amino acids 1 to 263 of              
             human tissue factor from the computer printout of the nucleotide sequence which was said          
             to be in his possession; i.e., from NRE 278.  That is, Dr. Bach has not explained how he          
             was able to generate a complete and correct handwritten sequence (both nucleotide and             


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