Interference 102,728
corroborate Singh’s position that Dr. Singh conceived of complete plan to employ loop
deletion mutagenesis to construct a species within the scope of the count on December
1, 1982, or prior to January 12, 1983.
b. Lugovoy SR470-471, para. 8
Singh argues that Dr. June Lugovoy’s declaration establishes that Dr. Singh was
in possession of the 24-mer and a single strand DNA template in December of 1982.
Paper No. 180, p. 15. Dr. Lugovoy’s states:
8. On September 7, 1982, I constructed plasmid p60, as shown in
Notebook 1269, page 18 (Singh Exhibit 21, Bates No. 000428). My notes at the
bottom of Notebook 861 page 22 (Singh Exhibit 20, Bates No. 000418) indicate
that p60 was derived from plasmid p58 by partial cutting with RI to isolate a DNA
fragment having the promoter presequence of alpha-factor in the LEUKD gene,
and then put this DNA fragment into YEp9T cut with RI. The restriction map of
p60 is shown in Notebook 861, page 22 (Singh Exhibit 20, Bates No. 000418).
My description of p60 indicates that it contained the alpha-factor promoter
presequence in the LEUKD sequence, in a high copy number plasmid. The
confirmation of the construct of p60 is shown in Notebook 1269, page 20 (Singh
Exhibit 21, Bates No. 000429). Plasmid p65 was constructed between
September 7, 1982 (the date p60 was constructed) and September 9, 1982 (the
date p66 was constructed) as shown in Notebook 861 page 21 (Singh Exhibit 20,
Bates No. 000420) which references Notebook 1269 page 23 (Singh Exhibit 21,
Bates No. 000430) which shows construction on September 9, 1982.
We find the section of Dr. Lugovoy’s declaration relied upon by Singh to be
irrelevant both in subject matter and point in time. Dr. Lugovoy’s statements are
directed to events which occurred in September, 1982, and thus are insufficient to
corroborate Dr. Singh’s conception of a definite and permanent plan to employ the loop
para. 9; SR 568, para. 58.
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