Interference 103,781
We started trying to figure out exactly how to build
that gene in August 1987, and then we worked on the
synthesis of the oligoes and had a plan drawn up by kind of
winter and spring of 1988. I think around March 1988 they
had a plan finalized for how to do it. And then they
started synthesizing to oligoes for it.
. . . . .
Well, . . . I was pregnant and my baby was due
March 30th, and so I - there was a period of time where
I worked only on codon analysis and wasn’t working so much
in the lab. And then I had two months of maternity leave.
So, I wasn’t working on the exact design of rebuilding
the gene.
The Declarations of Michael J. Adang (AR 6876-6882) and
Elizabeth E Murray (AR 6883-6889), filed as Exhibits 36 and 35
respectively in Delaware I, tell a story generally consistent
with the inventors’ testimony. Dr. Adang declared that the
following points were worthy of consideration:
(1) Dr. Adang declared that his efforts to reduce the
invention to practice (AR 6877, para. 4)
. . . focused on DNA sequence analysis of Bt genes to
identify the regions in the Bt gene sequence requiring
modifications using plant preferred codons, designing the
DNA sequence of the synthetic Bt gene, and overseeing and
participating in the construction of the synthetic Bt gene.
These efforts are recorded as computer printouts, and pages
from several laboratory notebooks[;]
(2) Dr. Adang declared (AR 6877, para. 5):
I prepared a draft of an abstract for a meeting which
reflects the conception directed to Bt gene modification
methods which I and Dr. Murray had previously made. . . .
This draft was prepared on November 6, 1985 . . . . Our
conception of Bt gene modification methods which included
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