NEMERSON et al. V. EDGINGTON et al. V. LAWN et al. - Page 46


             Interference No. 103,203                                                                          

             to this error, the last four amino acid residues of reading frame A are Asn-Ala-Phe-Thr-Gln.      
             The sequence continues incorrectly through eleven (11) more amino acids and ends with a           
                                                              24                                               
             stop codon at approximately amino acid residue 63.   NRE 102, p. 3, nucleotide line 361-          
             420.  The final and correct published sequence (NRE 64), reads Lys-Cys-Phe-Tyr-Thr- etc.          
             through to the Ser residue at position 263.                                                       
                   In addition, Edgington et al. point out that the statements made during the cross           
                                      25                                                                       
             examination of Dr. Horton,  are inconsistent with Dr. Spicer’s testimony that the computer        
             printout that she [Dr. Spicer] was in possession on February 3, 1987 described a                  
                                                                            26                                 
             nucleotide sequence encoding the full-length tissue factor protein.   NR 3823.  Dr. Horton        
             testifies that there are nucleotide sequencing errors in a computer printout of the               
             nucleotide sequence dated February 14, 1987 (NRE 282), which result in a stop codon at            
             approximately nucleotide 373 (NRE 282, page 3, MS&Y 8454).  NR 1958-1961.                         
             Edgington Brief, Paper No. 128, p. 29, second complete para.  She testifies, inter alia, that     
             the “frame shift mutation -- not mutation, a frameshift error and so-- I forgot exactly where,    
             but I recall there being -- so it goes out of frame and then goes back into frame.”  NR 1961,     
             lines 1-4.                                                                                        
                   To briefly summarize, from Dr. Horton’s testimony we find that there must be at least       


                   24We note that in contrast to Dr. Bach’s testimony, NRE 102, dated February 10, 1987, indicates
             that the human tissue factor protein ends at the “His” residue at position 259.                   
                   25Dr. Horton worked under the direction of Drs. Konigsberg and Spicer.  Nemerson Brief, p. 10.
             According to Nemerson et al., Dr. Horton read sequencing gels and entered sequence data into the  
             computer which generated the computer printouts of the nucleotide and amino acid sequences of the tissue
             factor clones.  Id.                                                                               
                   26Dr. Horton’s statements are also inconsistent with Nemerson et al. Facts 41-43 and Dr. Bach’s
             testimony that he was in possession of the nucleotide sequence encoding the full-length tissue factor
             protein on February 3, 1987.  Nemerson Brief, p. 20; NR 156, lines 20-24.                         
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