Barton et al or Fischhoff et al v. Adang et al. - Page 102




          Interference 103,781                                                        

               this solution to improve codon, preferred codons and codon             
               frequency in genes.                                                    
          Here, Dr. Adang refers to his chats with Dr. Murray regarding the           
          solution to improve the number and frequency of plant-preferred             
          codons in Bt gene sequences.  The best Dr. Adang could do in the            
          District Court of Southern California was cite the same                     
          documentary evidence he previously cited, i.e., Dr. Murray’s lab            
          notebook and the draft abstract for his UCLA talk (AX 101B;                 
          AX 106E), and prior knowledge in the art.  For example, in                  
          California, when asked if there was anything which helped him to            
          date his conversations with Dr. Murray, Dr. Adang testified                 
          (AR 0092, l. 6, -0093, l. 2; emphasis added):                               
               [W]hat has helped me some in terms of focusing in on the               
               date of that time was [sic] – an understanding of when,                
               about when Liz’s northern blot results were obtained.                  
               My recollection of searching the Bt gene for various                   
               sequences that I thought, perhaps, might be deleterious                
               to expression.  And so there’s sort of these events of                 
               data we were seeing, my recalling doing various computer               
               searches.  And then knowing, you know, my interaction                  
               with Liz and remembering sort of these discussions at                  
               that period.  So it kind of fits in with, I think, very                
               well with that late 1985 period of time.                               
               Q.  When the idea was conceived, either by you or by                   
               Elizabeth Murray, of increasing the number of preferred                
               codons in the native Bt gene to improve expression, did                
               you or she write the idea down?                                        
                                      . . . . .                                       
               THE WITNESS: I don’t recall.                                           


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