Barton et al or Fischhoff et al v. Adang et al. - Page 105




          Interference 103,781                                                        
                    Q.  All right.  Now, can you explain to me, Dr. Adang,            
               if all you need to do is look at codon usage and codon                 
               frequency and design a gene accordingly, and that would                
               work, why it was that there was this delay between 1985,               
               when you had the idea of modifying the native Bt gene to               
               add a greater number of plant-preferred codons, and perhaps            
               as late as 1987, when the first Agrigenetics-constructed               
               codon usage table had been developed?  Why did you wait so             
               long?                                                                  
                    THE WITNESS: . . . Well, we knew - we knew we were                
               getting truncated RNA, which was a disappointment.  We                 
               knew we were getting low levels of Bt protein expression.              
               . . . We thought that we could pin down regions that                   
               would, save us money, save us time, so that we could,                  
               you know, we could define certain regions that would be                
               our first regions to change along the lines of codon,                  
               preferred codons and codon frequency.  So we really                    
               thought we were taking a shortcut by just doing those                  
               fatal, quick experiments.  And so we thought we could                  
               get to building a gene faster that way.                                
                    We also had constraints in the program of needing a               
               slightly improved expression very quickly.  Okay?  In that             
               Agrigenetics was going through a period of instability,                
               where the partnership was expiring, Lubrizol was acquiring             
               us we were faced with the need to get plants a little bit              
               better, a little bit faster.  And so I would say that that             
               detracted from, or rather - not detracted.  I think that               
               whenever you’re organizing a program, you’re choosing                  
               priorities.  And one of our priorities in addition to - so             
               that the gene fixing priority, was also just enhancing the             
               expression of wild type genes a little bit so that we could            
               satisfy the upper management.                                          
                    Q.  In the effort -                                               
                    A. . . . To summarize, we had these sort of practical             
               factors of meeting short-term deadlines, and then we also              
               had this belief that we could find the region that would be            
               most easily fixed.                                                     
                                      . . . . .                                       
                    You know, I think that there was a time when we really            
               needed codon usage tables to be put to use.  Okay?  We felt            
                                        -105-                                         





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