the requirement for some evidence of independent corroboration.” Coleman v. Dines, 754 F.2d,
353, 360, 224 USPQ 857, 862 (Fed. Cir. 1985).
Dr. Alton’s testimony
Dr. Alton’s testimony indicates that he came up with a procedure for constructing [Met-1,
des-Cys1, des-Tyr2, des-Cys3]IFN-( and recorded the procedure in his notebook on 18 October
1982. (FFs 16(c) and (d)). Dr. Alton testified that he had discussed the preparation of a linker to
be used in the procedure to construct [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( with Dr.
Stabinsky prior to recording the procedure in his notebook (FF 16(e)).
Dr. Alton’s notebook page states a plan to construct a gene that will delete the first three
amino acids of IFN-( (FF 17). According to the notebook page, the linker to be used to construct
the gene was prepared by Dr. Stabinsky. The linker set forth on the notebook page would
encode Met (from the codon ATG) followed by Gln (from the codon CAG) (FF 19). Met-Gln
are the first two amino acids of [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( (FF 16(a)). Thus,
Dr. Alton’s testimony and the notebook page are consistent with one another. We give
Dr. Alton’s notebook page no more weight than Dr. Alton’s testimony as the notebook page does
not appear to have been witnessed (FF 18). See Reese v. Hurst v. Wiewiorowski, 661 F.2d at
1231, 211 USPQ at 945.
Corroboration of Dr. Alton’s testimony and notebook page
Dr. Stabinsky’s testimony indicates that she prepared a linker for the purpose of
producing [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( (FF 23(a)). Dr. Stabinsky’s notebook
page indicates that a linker for immune interferon for “K. Alton” was synthesized (FF 24). The
linker recorded on Dr. Stabinsky’s notebook page is the same as the linker recorded on Dr.
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