Interference 103,781
i.e., prior to Fischhoff’s December 12, 1986, conception of the
invention of Count 2 (AB 47).
Adang argues that Drs. Adang and Murray exchanged ideas in
October and November 1985 as to why Bt mRNA levels were low in
plants transformed with native Bt gene sequences and “concluded
that Bt DNA needed to be modified to increase expression and
levels of Bt mRNA” (AB 46, para. 1). While Adang cites Facts
35-39 and 43 of its brief in support for these arguments, we need
not question, and Fischhoff does not question, the truth of this
statement. Again, whether or not Adang and Murray generally
recognized that “Bt DNA needed to be modified to increase
expression and levels of Bt mRNA [in plants]” (AB 46, para. 1),
Facts 35-39 and 43 do not appear to describe a solution
encompassed by Count 2. Fact 35 (AB 10) refers to an entry on
page 13 of what appears to be a laboratory notebook page entitled
“Bt Northerns,” signed by Elizabeth Murray on 10-22-85, and
signed as witnessed and understood by Michael J. Mownery (sic?)
on 10/22/85 (AX 101B). The most pertinent portion of Dr.
Murray’s lab notebook quoted in Adang’s Fact 35 reads (AX 101B)
(emphasis added):
I wrote up the data from the other blots and measured
the bands. The large OCS band was 1.2 Kb, the NPTII band
was 1.25 and the Bt band was 1.7. The predicted sizes of
1.2 and . . . 1.8 for OCS and NPTII respectively were in
good agreement. Bt may have some kind of premature
termination signal. We spoke about S1 mapping the RNA
-95-
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