Barton et al or Fischhoff et al v. Adang et al. - Page 96




          Interference 103,781                                                        
               to show where the transcription was terminating.  Then                 
               we could use the sequence information to site specifically             
               mutagenize the premature termination region of the Bt gene.            
          Fact 35 also cites the record at AR 6040 (1427:18-1428:17) in               
          further support of the quotation above taken from Dr. Murray’s              
          lab notebook (AB 10).  AR 6040 is a record of Dr Adang’s                    
          testimony in Delaware I (AR 6019; AR 6039, p. 1424, l. 18-19).              
          With reference to the entries on Dr. Murray’s lab notebook, p. 13           
          (AX 101B), Dr. Adang testified (AR6039-6041, pp. 1424, l. 18,               
          to 1430, l. 2)(emphasis added):                                             
               Q.  Dr. Adang, going back to 1985, could you describe what             
               work you were doing at Agrigenetics at that time?                      
                                                                                     
              A.  In the summer of 1985, we were working on the expression           
               of native Bt genes in tobacco plants.  We had – we had put             
               insects on these plants and we had observed that -we saw               
               some kill the worms on these plants, but these Bt tobacco              
               plants weren’t killing the worms at a commercially-useful              
               level.                                                                 
                    We also saw a mono Bt protein in these tobacco plants             
               was very, very low.  So in the summer of ‘85 and continuing            
               on, we started thinking about and working on trying to                 
               figure out what was happening in these plants, why the Bt              
               gene wasn’t working better.  And we knew that we needed a              
               solution to coming [sic] up with, you know, solving this               
               problem of low Bt expression.                                          
               Q.  And did you arrive at a solution at that time?                     
               A.  Yes, we did.  In late 1985, Dr. Liz Murray and I came              
               up with the solution of modifying Bt genes to make them                
               more plant-like.  And as part of these modifications, we               
               would also remove a poly - remove poly-A sites.                        
               Q.  Who was Dr. Murray?                                                


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