Interference 102,728
plasmid p60?34 Burroughs Wellcome Co. v. Barr Laboratories, Inc., 40 F.3d at 1229,
32 USPQ2d at 1921; Oka v. Youssefyeh, 849 F.2d at 581, 7 USPQ2d at 1171.
1. Dr. Singh’s testimony with respect to his “plan”
Singh relies on Dr. Singh’s testimony (SR 564, paras. 47 and 50 of his
declaration), wherein he states [emphasis added]:
47. On December 1, 1982, I prepared a synthetic DNA request for a
24mer. This oligonucleotide was to be used for making the inframe deletion of
the junction of "-factor pro sequence and interferon instead of the
oligonucleotide discussed at paragraph 45. The 24mer requested was
AGGGAGATCACATCTTTTATCCAA. A copy of this Synthetic DNA Request as
well as a Synthetic DNA Specification form is shown at Notebook 1249, page 77
(Singh Exhibit 3, Bates No. 000126). As indicated on the Synthetic DNA
Specifications, the purification of this 24mer was completed on December 20,
1982. (Singh Exhibit 3, Notebook 1249, Bates No. 000126).
And,
50. On December 14, 1982 I presented my results to the Research
Review Group (RRG). Yeast secretion was discussed by myself and Ronald
Hitzeman. Singh Exhibit 25 (Bates Nos. 000455-000487) includes a summary of
the meeting and the documents I presented at the Meeting. In this Exhibit all but
the pertinent information has been blocked out. At this meeting I described the
"-factor gene organization and its structure including the spacer having the
sequence lys arg followed by glu ala’s. I also described that my future work
would include removal of sequences from the interferon D expression plasmid
with site directed deletion mutagenesis and construction of expression plasmids
with a restriction site following the "-factor prepro sequence. (Singh Exhibit 25,
Bates Nos. 000455-000487).
34 p60 is a yeast plasmid which comprises a nucleotide sequence which
encodes, 5N6 3N, the " factor leader, the " factor spacer sequence (lys-arg-glu-ala-glu-
ala), the amino acids leu, glu, phe, met, and interferon D (IFN-D).
55
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