Barton et al or Fischhoff et al v. Adang et al. - Page 111




          Interference 103,781                                                        
                    A.  I recall in spring of 1987 and continuing into                
               the summer, Liz had proceeded through her compilation                  
               of genes and was communicating these results to me and                 
               discussing their - some implications regarding Bt.                     
               Next, Adang cites Dr. Elizabeth Murray’s testimony                     
          (AR 4152-4156) in Mycogen Plant Science, Inc. v. Monsanto Co.,              
          No. 96-505 (D. Del. Feb. 5, 1998)(Delaware I)(AB 10, Fact 36).              
          When asked what the northern analysis indicated to her about Bt             
          expression in plants (AR 4153, p. 449, l. 17-18), Dr. Murray                
          testified (AR 4153, p. 449, l. 19, - p. 450, l. 8):                         
                    A.  It indicated two things to me.  The first thing it            
               indicated was that the Bt expression was very low compared             
               to two other genes that we had put into our - our analysis             
               of the plants.                                                         
                                      . . . . .                                       
                    And the RNA that I did see was also shorter than                  
               I expected to see.  It was about half the size that I                  
               expected to see if the full Bt RNA had been made in                    
               these plants.                                                          
          When asked if she formed any ideas and conclusions from the                 
          results, Dr. Murray stated (AR 4153, p. 451, l. 25, - p. 452,               
          l. 20):                                                                     
                    A.  Well, I looked at the results and I believe that              
               it indicated that the coding region of the gene itself was             
               not working in the plant.  That the DNA sequence we had                
               added to the plant was from a bacteria. . . . [T]he Bt                 
               gene itself wasn’t working.                                            
                    So I believe the sequence of the gene itself was a                
               problem in this plant.                                                 
                    Q.  And what did you know about the sequence of the               
               Bt gene at that time?                                                  
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