Interference 103,781
as opposed to the bacterial. And all three of those were
elements of the redesign of the gene.
(MR 0655-0656, Delaware II trial transcript, p. 1871, l. 12, to
p. 1872, l. 3). Dr. Klee testified that the rules the Bt project
was going to follow in redesigning the Bt gene were “common
knowledge in the group. It was, again, discussed almost weekly
at group meetings. And it was a major undertaking. It was
something that was discussed with great regularity” (MR 0656,
Delaware II trial transcript, p. 1872, l. 4-10). When asked the
time frame in which he became aware of the rules, Dr. Klee
testified that “[Dr. Roger’s Progress on Person Goals-1986, dated
December 19, 1986 (MDX 1470)] . . . helps . . . to date it to the
fall of 1986" (MR 0656, p. 1872, l. 11-17).
Most significant to our finding the date Fischhoff first
conceived of the subject matter of Count 2, David Fischhoff
signed and applied the date December 12, 1986, to each page of
the previously undated two page written memorandum which is said
to establish Fischhoff’s conception of the invention of Claim 3
of Fischhoff’s involved application corresponding to Count 2 on
October 30, 1986 (MDX 1478), pasted each page onto Fischhoff’s
Monsanto Company laboratory notebook (MDX 1463) pages No. 3547889
entitled “Expression of A+T rich Genes in Plants” and No. 3547890
entitled A+T rich (p.2), and again signed each laboratory
notebook page to which a page of the written memorandum dated
-79-
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