Interference No. 103,203
as indicating a question with respect to a single cytosine residue and that as a result he
rechecked “the data that was input into the computer” (NR 111, lines 13-15) and
20
determined that there was no typographical error in the nucleotide sequence. However,
Dr. Bach does not disclose when he rechecked the data, or how it was done. Thus, we do
not find that Dr. Bach’s testimony with respect to the data on the computer printout (NRE
278) provides a sufficient explanation as to how he was able to derive a complete and
correct handwritten amino acid/nucleotide sequence from one which was incomplete and
contained numerous errors.
Moreover, in NRE 278 with respect to the notation “? typo” (MS&Y 7669, line 961),
we find that it [the notation] indicates that the “C” (cytosine residue) is to be removed.
When the “C” is removed, the protein ends at the histidine residue at position 259. In fact,
we find that the “His” residue at 259 is underlined and the “End” following said “His”
21
residue circled, thus, appearing to indicate that the “His” residue is the end of the protein.
That is, in Frame B, the underlining continues up to the final Trp, Lys, Glu, Asn, Ser. Then it
skips to Frame C where the “His” residue is underlined and the “End” following said “His”
residue is circled. Thus, in contrast to Dr. Bach’s testimony, we find that the notations in
the computer printout of the nucleotide sequence dated February 3, 1987, suggest that the
20We point out that this statement appears to be inconsistent with his testimony with respect to
the cytosine residue being a typographical error, that he “had to interact with the people who had read the
sequence and who had entered it into the computer to verify which sequence they -- was the correct
sequence. ... I do not remember who had that -- who read that sequence, but it would have been Eleanor
Spicer or her technician who would have enter in it into the computer, so she certainly would have been
consulted [NR 113, lines 8-15].” Dr. Bach does not indicate when such a consultation occurred or what
was discussed with Dr. Spicer.
21We also note that downstream from the “His” residue at position 259 and the “Ser” residue at
263, eight more “End” residues are circled. It is not clear to us, and Dr. Bach has not explained, the
significance of these markings.
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