Barton et al or Fischhoff et al v. Adang et al. - Page 100




          Interference 103,781                                                        

          (AX 101B), had a poly-A tail (AR 6040, p. 1426, l. 9-14), and               
          that because the RNA had a poly-A tail, they knew that there                
          were poly-A sites in the middle of the Bt gene that had to be               
          eliminated by removal or modification to enhance expression of              
          the Bt toxin gene in plants (AR 6040, p. 1428, l. 12-15).  Dr.              
          Adang’s testimony suggests that all their knowledge about poly-A            
          tails and poly-A sites, their concept of removing or modifying              
          poly-A sites from Bt toxin genes, and the basis therefor, were              
          written down in Dr. Murray’s laboratory notebook (AX 101B) and              
          Dr. Adang’s draft abstract for the UCLA symposium talk (AX 106E)            
          (AR 6040, p. 1428, l. 25, to p. 1430, l. 2).  To the contrary,              
          we find no evidence in either Dr. Murray’s laboratory notebook              
          (AX 101B) or Dr. Adang’s draft abstract for the UCLA symposium              
          talk (AX 106E) that either Dr. Murray or Dr. Adang knew that the            
          chopped-up RNA found via Dr. Murray’s Bt Northerns had poly-A               
          tails or that poly-A sites in Bt toxin genes were causing                   
          premature termination of transcription and thus unacceptably low            
          expression of Bt toxin genes in plants.  Rather, the closest                
          concept to the invention of Count 2 that we can find expressed              
          in Dr. Murray’s lab notebook (AX 101B) and Dr. Adang’s draft                
          abstract for his UCLA talk (AX 106E) is their common recognition            
          that, at least for tobacco plants, “Bt may have some kind of                
          premature termination signal . . . where the transcription was              

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