Interference 103,781
of 1986 and no later than December 12, 1986, Fischhoff points to
a printout from a VAX computer system (MDX 1427) as evidence that
the written memorandum was drafted on October 30, 1986 (FPB 67,
Fact 157).
Q. And when did you come up with the firm idea
about what you would do to solve the problem of the
Bt expression?
A. By the end of October 1986, we had - we had
this firm idea in mind and actually wrote it down.
Q. Okay. Let me show you what is exhibits -
Plaintiff’s Exhibits 26 and 165 (handing exhibits to
the witness). What does that document show, Dr. Fischhoff?
A. Again, first, there’s the -directory listing
from the VACS [sic: VAX] computer system that indicates
that a document called AT-rich dot dis was created by me
on October 30th, 1986. And the other part of this is the
document itself as printed out from our computer system.
Page MNP-001-067481 of the printout (MDX 1427; also
identified as Plaintiff Monsanto’s Trial Exh. CA 96-133 RRM 165)
reads in pertinent part:
$ dir/date=all [eclaws.dafisc.jan87.text]
Directory RCC USR2:[ECLAWS.DAFISC.JAN87.TEXT]
. . . . .
ATRICH.DIS;7 30-OCT-1986 15:42:15.72 7-FEB-1997 12:24:27.56
13-MAY-1997 22:25:31.15 10-FEB-1997 01:36:18.11
. . . . .
We find on page MNP-001-067481 of MDX 1427 no reference to
ATRICH.DIS, per se. Rather the documentary exhibit refers to
“ATRICH.DIS;7" (MDX 1427). Moreover, we find no explanation, and
Fischhoff does not point to an explanation, of the significance
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