Barton et al or Fischhoff et al v. Adang et al. - Page 103




          Interference 103,781                                                        
               Dr. Adang’s California testimony continued (AR 0094,                   
          l. 8, - AR 0095, l. 22):                                                    
               . . . I saw evidence of my steps towards modifying Bt                  
               genes for improved usage and frequency as well as number               
               of preferred-plant codons.                                             
               Q.  And what evidence did you see?                                     
               A. . . . I saw data on codon usage, analysis of plant                  
               genes.  I saw analyses of Bt codons and Bt gene codon                  
               usage.  And I also recall seeing analyses of - that led                
               to design and synthesis of synthetic Bt gene, designs                  
               along those principles of codon preference and codon                   
               usage.                                                                 
               Q.  When did work on codon usage tables begin?                         
                                      . . . . .                                       
               THE WITNESS: Well, it depends what one means on work on                
               codon usage tables.  You know, in the - I was aware of                 
               codon usage tables in the literature, and you know, in                 
               my own work, as a plant molecular biologist in the early               
               1980s.  And so aware of these published literature values              
               on plant codon usage.                                                  
                    And later Liz began, along with her colleagues, the               
               actual construction of the codon usage tables, examples                
               that are presented in the patents.                                     
               Q.  Do you know why Elizabeth Murray began construction                
               of her own codon usage tables rather than simply relying               
               on the codon usage tables in the published literature?                 
               A.  . . . My sort of - kind of my speculation on it, kind              
               of my recollection, would be that Liz wanted a more                    
               complete representation of plant genes that were available             
               in deposited sequences in the nucleotide sequence databases            
               at the time.  She just wanted a better survey of genes to              
               incorporate into her tables.                                           
               Specifically relating to the need for a more complete codon            
          usage table to enable persons skilled in the art to use the                 
                                        -103-                                         





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