Alton’s notebook page (FF 26). Thus, both Dr. Stabinsky’s testimony and the notebook page are
consistent with Dr. Alton’s testimony and vice versa.
While Dr. Stabinsky has not explicitly testified that Dr. Alton told her of his plan for
constructing [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-(, when we consider all the pertinent
evidence, we determine that Dr. Alton’s testimony is credible. We note for instance, that:
(1) Dr. Stabinsky’s notebook page indicates that she prepared a linker for “K. Alton”
for use in expressing immune interferon lacking the first three amino acids on 4 October 1982,
(2) Dr. Alton’s testimony and notebook page indicate that Dr. Stabinsky provided
him with the linker he needed to construct [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( on 18
October 1982,
(3) the linker Dr. Stabinsky recorded in her notebook is the same as the linker that
Dr. Alton recorded in his notebook, and
(4) it appears that the linker found in both Dr. Alton’s and Dr. Stabinsky’s notebook
would have been useful in constructing [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( (FF 19).
Thus, the evidence before us sufficiently establishes that as of at least 18 October 1982,
Dr. Alton had both the idea of [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( and an idea of how to
produce [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( (i.e., using the synthetic linker produced by
Dr. Stabinsky). However, to complete conception of the invention, it is necessary that Alton
conceived of a utility for [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-(.
Utility
Count 2 does not specify a use for the [Met-1, des-Cys1, des-Tyr2, des-Cys3]IFN-( and
thus the conception of any use would result in conception of a complete and operative invention
13
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