Barton et al or Fischhoff et al v. Adang et al. - Page 104




          Interference 103,781                                                        

          concept of increasing the number of plant-preferred codons in the           
          native Bt gene in order to improve expression, Dr. Adang                    
          testified (AR 0096, l. 21, - AR 0097, l. 2; emphasis added):                
               [M]y opinion . . . is that we could have taken the codon               
               usage tables available at the time.  It perhaps would                  
               have been riskier than what we actually did in terms of                
               trying to - not trying to, but compiling broader tables.               
               Asked when Elizabeth Murray began work to construct her own            
          codon usage tables (AR 0098, l. 9-10), Dr. Adang testified                  
          (AR 0098, l. 12-22)(emphasis added):                                        
               When Liz - it’s difficult for me to say the exact time                 
               when Liz started to construct her own codon usage tables.              
               You know, my recollection of that, ‘86 - my recollection is            
               that it was in ‘86 when she came to me and we discussed                
               assembling of plant codon usage tables.                                
                    But she perhaps had been doing that before, you know,             
               on her own.  Then she came to me with this idea of bringing            
               it into sort of a broader part of the project and getting              
               some assistance with it.                                               
          Immediately thereafter, Dr. Adang testified regarding the                   
          relationship of codon usage tables to the invention claimed in              
          Adang’s involved patent (AR 0104, l. 25, - AR 0105, l. 11):                 
                    Q.  You mentioned in an earlier answer, about the                 
               same breadth as codon usage tables, an analysis of plant               
               genes.  And I wanted to ask you, was the analysis of plant             
               genes something different from the codon usage tables?                 
                    A.  An analysis of plant genes would include but not              
               be limited to codon usage.                                             
               Dr. Adang provided the following additional testimony                  
          (AR 0107, l. 19, - AR 0108, l. 0111, l. 5)(emphasis added):                 

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