Interference 103,781
(AR 0114, l. 21-22). He stated (AR 0114, l. 23, - AR 0115,
l. 2):
A. Well, abandoned is a bit untrue in this case.
A bit overstated. Okay? We had . . . some experiments
on identifying destabilizing regions that we were
following up on up until the termination of Agrigenetics
. . . in August, 1988.
The question we must ask is whether the wealth of
experimentation which Drs. Adang and Murray and their associates
performed to identify the destabilizing regions of the Bt gene in
plants transformed thereby are representative of the exercise
reasonable diligence toward reduction to practice of the
invention of Claim 1 of Adang’s involved patent corresponding to
Count 2. Pertinent to the issue is the following question with
Dr. Adang’s reply (AR 0116, l. 16-21):
Q. Did you believe that identifying the enhanced
destabilizing region would be necessary in order for
your invention involving increasing the number of
plant-preferred codons in the native Bt gene to work?
A. No.
The work Dr. Murray performed in 1986 and thereafter to
create codon usage tables for plants is not the same work Dr.
Adang performed no later than 1986 relating to codon usage in Bt
genes. Consider the following testimony by Dr. Adang (AR 0119,
l. 17, - AR 0120, l. 3):
Q. . . . Now, do you remember who it was that did the
work relating to codon usage in Bt genes?
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