Interference 103,781
modified sequence which contains a greater number of codons
preferred by the intended plant host than did said coding
sequence” (Claim 1 of Adang’s involved U.S. Patent 5,380,831).
Dr. Adang testified as follows (AR 0111, l. 21, - AR 0112,
l. 16):
A. There’s a series of experiments based on
constructing a series of gene deletions of the natural Bt
genes. There’s a series of experiments directed towards
transgenic expression systems. The most extensively worked
with was electroporation. We also contemplated, designed
some experiments with heli cell extracts. We then
eventually had a series of experiments with using heat
shock promoters and constructs.
. . . . .
At some point also we then began to do experiments
. . . testing Shaw Kamen sequences in transgenic expression
systems. So each of those experiments were for the purpose
of identifying the gene part, region that needed or would
benefit from fixing most, would reduce our work load of
synthesis. Then we could go and rebuild the gene upon codon
preference and codon frequency.
By the series of experiments identified, Dr. Adang had “hoped”
(AR 0112, l. 23, - AR 0113, l. 8)(emphasis added):
. . . we would . . . use that information on what region
would be sort of the focus. And then . . . we could come
back and make these - make codon changes in those regions.
. . . [Y]ou would have solved the problem of - solved any
sort of codon problems and at the same time solved any
instability problems. And you get higher expression. But
basically it’s a way of not having to build a . . . whole
gene, upon - and save time and cost.
Dr. Adang was then asked if there came a time when the
effort to find a suitable destabilizing region was abandoned
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