Interference No. 103,203
amino acid) of mature human tissue factor from the computer printout which is incomplete
17
and incorrect. We point out that the computer printout, NRE 278, contains numerous
handwritten notations as to questionable nucleotides (e.g., MS&Y 7666, gaps in the
sequence in nucleotide line 241 and Frame A), underlining, an amino acid insertion (e.g.,
MS&Y 7667, between Frames A and C), several frameshifts in the amino acid sequence
(e.g., MS&Y 7667, the underlining indicates a frameshift from Frame A to Frame C and
then from Frame C to Frame B), etc. In our view, the computer printout and the markings
thereon indicate (i) that there were numerous inconsistencies between the known protein
data and the nucleotide sequence data, (ii) that the nucleotide sequence data were
incomplete and incorrect on February 3, 1987, and (iii) in contrast to Dr. Bach’s
18
testimony, numerous frameshifts which show that the nucleotide sequence data (NRE
278) do not provide a complete open reading frame going out to amino acid 263.
19
37 C.F.R. § 1.671(f) requires a witness to explain entries on the various pages of
an exhibit. However, Dr. Bach fails to provide any explanation of the numerous notations
and underlining on the computer printout (NRE 278), who made them, and when they were
added. Rather, Dr. Bach testifies only with respect to the “typo ? ?” [sic, “? typo”] notation
17In addition, we point out that Dr. Bach testified that the amino acid sequence data from the
various peptide fragments was not known beyond amino acid 244 on February 3, 1987. NR 109, lines 17-
21. See also, NRE 277, p. 5 (MS & Y 07694), last line. Thus, there was no peptide sequencing data which
were available and which could be used to indicate the length of the nucleotide/amino acid sequence of
human tissue factor.
18We direct attention to Dr. Bach testimony that “the computer printout clearly shows an open
reading frame going out to 263” (NR 110, lines 16-18).
1937 C.F.R. § 1.671(f) states:
The significance of documentary and other exhibits identified by a witness in an affidavit or during
oral deposition shall be discussed with particularity by a witness.
41
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