Interference 103,781
. . . . Moreover, I did not record every instance
when I worked on the tables in my laboratory notebooks.
On many days, which are not recorded, I spent a few
hours entering sequence data into the computer for the
codon usage tables. Some of the codon usage tables
are reflected in computer printouts . . . . The
preparation of the codon usage tables was carried out
without any significant gaps or delays.
Jan. 19-21, 1988 - Feb. 5, 1988: continued screening Bt
constructs using electroporation (AR 6888, para. 12);
Feb. 5-26, 1988: analysis of Bt expression by Norther blots;
planned upcoming Bt experiments; met with Ann Merlo to
discuss future Bt experiments; and compiled codon usage
tables (AR 6888, para. 13); and
Apr. 15, 1988 - June 13, 1988: maternity leave.
In addition to the foregoing testimonial and documentary
evidence Adang specifically cites, Dr. Adang testified that the
collective evidence supports Adang’s position that it was first
to conceive of the invention of Claim 1 of its involved patent
corresponding to Count 2 and exercised reasonable diligence
toward reduction to practice (AB 12, Fact 43). However, Adang
cannot point to any evidence which explicitly describes the
inventive concept defined by Claim 1 of Adang’s involved patent
corresponding to Count 2 (AR 4614, p. 1729, l. 3-20):
Q. . . . Now, Dr. Adang, when you came up with this idea
in the fall of 1985, did you write down this idea?
A. I have not found any documents that explicitly state
all this, the entire context of this idea. What I have
found, and what we talked about here, is there is evidence
saying that we knew the Bt RNA was truncated. We knew the
Bt gene was AT-rich. We knew that the Bt genes preferred
AT codons. We knew we were getting some type of termination
-123-
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