Ex Parte HILLMAN - Page 5




              Interference No. 104,436 Paper 98                                                                                  
              Shyamala v. Hillman Page 5                                                                                         
       [29] Mr. Khoja declared [1010 at 5] that he believes the computer-generated sequence [1015] titled                        
               "Translation of DNA 14b-comp.seq" and dated 'Thu Mar 21 14:39:36 1996" is a print out of the                      
               tested DNA for clone 14b with undated annotations in his handwriting and Dr. Shyarnala's                          
               handwriting.                                                                                                      
       [30] Mr. Khoja states that "Dr. Shyamala and I determined that the insert in clone l4b encoded only                       
               part of a protein, because the 14b insert did not contain sequences encoding the amino acid                       
               methionine, which initiates all protein sequences" [1010 at 5].                                                   
       [31] In the computer translation [ 10 15], all three of the computer-generated polypeptide sequences                      
               have at least one methionine before a stop codon.                                                                 
       [32] According to Mr. Khoja, he isolated the remaining 5'cDNA sequence associated with the l4b                            
               DNA sequence and submitted it to Ms. Lee-Ng for sequencing on 16 May 1996 [ 10 10 at 5-6;                         
               10164at 49].                                                                                                      
       [33] Mr. Khoja states [ 1010 at 6] that the sequence listing titled " l4bcom ed Translated Sequence"                      
               and dated 23 May 1996 [1017] is the sequence for one of the clones he submitted because it is                     
               dated one week after he submitted the clones for sequencing, because it contains the I I missing                  
               amino. acids, and because it has a 38 nucleotide overlap with the earlier partial sequence [10151.                
       [34] Mr. Khoja does not explain how he knows there were I I missing amino acids or why he believed                        
               Exhibit 1017 shows the missing amino acids.                                                                       
       [35] Nucleotides 16-77 of the March sequence [ 10 15] overlap with nucleotides 200-261 of the May                         
               sequence [1017].                                                                                                  


                      4 Lee-Ng Notebook No. 8093.                                                                                






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