Interference 102,728
discussed the objective with his supervisor as well as at a meeting of his co-
workers. Singh SR564:50, SX3:#108, Hitzeman SR158:8 [sic], SX 25:#483.
***
As recorded in his notebook verbatim, at the end of November he decided
that he “will do in a different way and w/o without changing codons” SX3:#108.
That “different way,” without changing codons, was indeed employed. A 24mer
oligonucleotide was made for Dr. Singh’s own use in December 1982. The DNA
molecules had a DNA sequence complementary to the unchanged codons,
matching exactly the sequence complementary to four codons on each side of
the site to
TTG GAT AAA AGA - TGT GAT CTC CCT SX3:#108 line 3 “sequence that the
junction”
AAC CTA TTT TCT - ACA CTA GAG GGA 5' SX3:#126 the 24 mer in reverse
sequence.
And, Paper No. 180, pp. 15-16:
... The reagents he [Dr. Singh] required were themselves extremely unique. A
24mer oligonucleotide (Singh SR564:47, SX3:#126), and the single strand DNA
template made from a DNA fragment that, like his “p60” vector, had the site to be
deleted encoded within it (e.g. the undesired Glu-Ala sequences). Singh
SR566:52, SX3:#131-132. The existence of these two reagents, and further his
corroborators conformation that they were in Dr. Singh’s possession in
December of 1982 (Ng SR478:11, Lugovoy SR470-471:8), can only mean one
thing - it is reasonable to conclude that he indeed formulated in December 1982,
the very deletion method he used to carry out his idea in January 1983. Thus,
the notation conforms with his direct testimony, and it is consistent with the
problem he was known to be resolving. Singh SR564:47, SX3:#126.
E. Opinion on Priority
Count 1 is directed to a chemical compound, thus, as discussed above,
“[c]onception requires (1) the idea of the structure of the chemical compound, and
(2) possession of an operative method of making it.” Oka v. Youssefyeh, 849 F.2d at
581, 7 USPQ2d at 1171. “The idea must be definite and permanent in the sense that it
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