GRAY et al v. ALTON et al - Page 10




                              signature is referred to in Dr. Stabinsky’s testimony.  The notebook page has the
                   
                              heading “Synthesis of Tac II promoter and linker for Immune Interferon (For K.
                      
                              Alton)” and states that: 
                                                                           
                              This linker will be used to express the Immune interferon gene that
                                 
                              lack the first three amino acids (from the N-terminus) through the                                   
                              Trp control region.                                                                                  

                       25.    Under the portion of the notebook page reading “Witnessed & Understood by                            
                              me”, no signature appears.  Moreover, we see no witnessing signature elsewhere                       
                              on the notebook page. Accordingly, it does not appear that the notebook page                         
                              was witnessed.                                                                                       
                       26.    A linker sequence set forth on the notebook page (at FF 24) is the same as the                       
                              linker sequence found in the notebook page referred to in Dr. Alton’s testimony                      
                              (at FF 17).                                                                                          
                                                       The Gray et. al publication                                                 
                       27.    Dr. Alton refers to a publication by Gray et al. (“Gray”)9 (Exh. 1011) in his                        
                              testimony.  (Exh. 1 at ¶ 3).                                                                         
                       28.    According to the Gray publication, IFN-( has anti-viral and anti-proliferative                       
                              effects. (Exh. 1011 at 503).                                                                         
                       29.    The publication date of Gray is prior to Dr. Alton’s work in October of 1982.                        





                       9      Gray et al., Nature, 295:503-508 (Feb. 1982).                                                        
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