Barton et al or Fischhoff et al v. Adang et al. - Page 10




          Interference 103,781                                                        
                                 SENIOR PARTY PATENT                                  
               Named Inventors:    Michael J. Adang, Thomas A. Rocheleau,             
                                   Donald J. Merlo, and Elizabeth E. Murray           
               Application:        Application 08/057,191, filed May 3,               
                                   1993, now U.S. Patent 5,380,831, issued            
                                   January 10, 1995                                   
               Title:              Synthetic Insecticidal Crystal Protein             
                                   Gene                                               
               Assignee:           Mycogen Plant Science, Inc. (Paper                 
                                   No. 13)                                            
               Accorded benefit                                                       
               for the purpose of                                                     
               priority of:        Applications 07/827,844, filed                     
                                   January 28, 1992, now abandoned,                   
                                   and Application 07/242,482, filed                  
                                   September 9, 1988, now abandoned                   
                                       Count 1                                        
                    A method of designing a synthetic Bacillus                        
               thuringiensis gene to be more highly expressed in plants,              
               comprising the steps of:                                               
                    a) analyzing the coding sequence of a gene derived                
               from Bacillus thuringiensis which encodes an insecticidal              
               protein toxin, and modifying a portion of said coding                  
               sequence to yield a modified sequence which contains a                 
               greater number of codons preferred by the intended plant               
               host than did said coding sequence, or                                 
                    b) analyzing the coding sequence of a gene derived                
               from Bacillus thuringiensis which encodes an insecticidal              
               protein toxin, and modifying a portion of said coding                  
               sequence to yield a modified sequence which contains a                 
               greater number of codons preferred by the intended plant               
               host than did said coding sequence and fewer plant                     
               polyadenylation signals than said coding sequence.                     
                    The claims of the parties which were designated to                
          correspond to this count were:                                              
                                        -10-                                          





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