Interference 102,728
January 21, 1983. However, this is after Brake’s critical date; i.e., after January 12,
1983.
Third, contrary to Singh’s argument, we find no mention in Dr. Singh’s testimony
(“Singh SR564:47, 52”) that the 24-mer ordered on December 1, 1982 is of the precise
length and complementarity needed to accomplish the loop deletion. We direct
attention to our discussion of Dr. Singh’s testimony at SR 654, Bates No. 47, on
p.55-56, above. As to paragraph 52 of his declaration, we find that Dr. Singh states:
52. On December 18, 1982, I isolated the 1800 based pair complete
"-factor promoter prepro/spacer-interferon D sequence from p60 and inserted
the fragment into the plasmid M13mp8 for deletion mutagenesis, as shown at
Notebook 1249, page 75. (Singh Exhibit 3, Bates No. 00124).[42]
There is no mention of the 24-mer in paragraph 52 of Dr. Singh’s testimony.
As to the testimony of Mr. Ng SR 478, para. 11, Dr. Lugovoy SR 470- 471, para.
8, and ”Hitzeman SR158: 8" [sic], we direct attention to our discussions on pp. 59, 67
and 70-71, above. Contrary to Singh’s arguments, we have not found where these
42 As to Singh Exhibit 3, Bates No. 00124, we find a handwritten notation which
reads in its entirety:
Isolate 1800 bp "f promoter - prepro - IFN-D gene
from p60 - partial RI digest-
Clone in RI site of M13mp8
Determine orientation
The page contains a handwritten date of “12/18/82,” and a handwritten date of
witnessing of “6/13/86.” We find no mention of the 24-mer and its being of the precise
length and complementarity needed to accomplish the loop deletion mutagenesis
technique.
73
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