published in 1982 by Gray et al. According to the Gray publication, the
first four amino acids of IFN-( are Cys, Tyr, Cys, Glutamine (“Gln”).
(Exh. 1 at ¶ 3).
(b) “Around 1982", “we” began constructing IFN-gamma analogs by either
omitting or substituting certain amino acids. The analogs were to be
analyzed for their specific anti-viral and anti-proliferative activities. (Exh.
1 at ¶ 4).
(c) On 18 October 1982, Dr. Alton described a procedure for the construction
of [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( requiring a synthetic linker.
(Exh. 1 at ¶ 5).
(d) Dr. Alton recorded the procedure in his notebook. (Exh. 1 at ¶ 5).
(e) At some time prior to recording the procedure in his notebook, Dr. Alton
had discussed preparation of the linker with Dr. Zippora Stabinksy. 5
(Exh. 1 at ¶ 5).
17. A copy of what is said to be a page from Dr. Alton’s notebook, dated “10/18/82"
and signed “[illegible] Alton” (Exh. 2)6, states:
5 We note that there is an inventor having the surname Stabinsky. The parties
inform us that Dr. Zippora Stabinksy is not an inventor (Paper 54 at 7) and thus we understand
inventor Yitzhak Stabinsky and Zippora Stabinksy to be different people.
6 The notebook page is referred to as “Exhibit 2" where it is attached to Dr. Alton’s
affidavit and “Exhibit A” where it is attached to Dr. Stabinsky’s affidavit. We will use the term
“Exh. 2" to refer to the notebook page.
7
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